Deppe v. Chicago, R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Scott District Oov/rt. Action to recover damages for injuries the plaintiff alleges he suffered by reason of the negligence of the defendant’s employees, while he was in the employ of the defendant and engaged “as a laborer, loading and unloading a mud train and doing work connected therewith.” The defendant denies its negligence and avers negligence on the part of plaintiff. There was a trial to a jury.
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Appeal from Scott District Oov/rt. Action to recover damages for injuries the plaintiff alleges he suffered by reason of the negligence of the defendant’s employees, while he was in the employ of the defendant and engaged “as a laborer, loading and unloading a mud train and doing work connected therewith.” The defendant denies its negligence and avers negligence on the part of plaintiff. There was a trial to a jury. The testimony of the plaintiff, which is in substantial accord with the other testimony in the case, is to this effect: On the 19th day of May, 1871,1 was working for the…
1Opinion of the CourtCole, J.
— I. This plaintiff was an employee of the defendant. He claims that the injury he has suffered was the result of the negligence of another employee of the defendant. Under the common-law rule an employee could not recover of his employer for damages resulting to him by reason of the negligence of his co-employee. Sullivan v. The M. & M. R. Co., 11 Iowa, 421. But our legislature has enacted that “every railroad company shall be liable for all damages sustained by any person, including employees of the company, in consequence .of any neglect of the agents, or by any mismanagement of the…
2Cases cited3 opinions
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Sullivan v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1860
- Ney v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
3Cited by59 opinions
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Lavallee v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Scown v. CzarneckiIllinois Supreme Court · 1914
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