Pieart v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. H. E. Deemeb, Judge. Action to recover damages because of alleged negligence of the defendant’s agents and employes, causing the death, of plaintiff ’ s intestate without fault or negligence on the part of the deceased. The answer was a general denial. There was a trial' by jury, a return of special findings, and a general verdict for the plaintiff for eighty-eight hundred dollars.
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Appeal from Cass District Court. — Hon. H. E. Deemeb, Judge. Action to recover damages because of alleged negligence of the defendant’s agents and employes, causing the death, of plaintiff ’ s intestate without fault or negligence on the part of the deceased. The answer was a general denial. There was a trial' by jury, a return of special findings, and a general verdict for the plaintiff for eighty-eight hundred dollars. The defendant’s motion for judgment on the special verdict, and also its motion for a .new trial, were overruled. The defendant appeals. Other facts necessary to be…
1Opinion of the CourtGiven-, J.
The following statement of the facts, with such as are hereinafter mentioned, will be sufficient to an understanding of the questions discussed. They appear without question except in two or three respects which will be mentioned. The plaintiff’s intestate, Prank Pieart, aged twenty-two, had been in the employ of the defendant as a switchman at its ' yards in Atlantic for about one year before his death, at a salary of forty dollars per month, and for several years prior thereto in other capacities. As such switch-man it was his duty to assist in placing cars into trains ready to be taken out…
2Cases cited4 opinions
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Nixon v. DowneySupreme Court of Iowa · 1878
- Bushnell v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
- Williams v. FrickSupreme Court of Iowa · 1887
3Cited by21 opinions
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Connell v. Keokuk Electric Railway & Power Co.Supreme Court of Iowa · 1906
- Buehner ex rel. Buehner v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1904
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
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