Legal Opinion

Byram v. Illinois Central Railroad

Supreme Court of Iowa

Decided November 26, 1915PublishedCited by 10 opinions

Appeal from Black Hawk District Court. — Hon. Charles W. Mullan, Judge. Action to recover damages for personal injuries received by plaintiff upon a turntable belonging to the defendant company. Plaintiff alleged that he was injured while engaged in interstate commerce, the turntable being used therein, and that the injury was due to thé fault of a fellow servant in prematurely starting the turntable. The answer was practically a general denial.

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Appeal from Black Hawk District Court. — Hon. Charles W. Mullan, Judge. Action to recover damages for personal injuries received by plaintiff upon a turntable belonging to the defendant company. Plaintiff alleged that he was injured while engaged in interstate commerce, the turntable being used therein, and that the injury was due to thé fault of a fellow servant in prematurely starting the turntable. The answer was practically a general denial. The case was tried to a jury, resulting in a verdict for plaintiff in the sum of $3,000, which the' trial court reduced to the sum of $1,750/and for…

1Opinion of the CourtDeemer, C. J.

Plaintiff was a fireman on,one of defendant’s engines, running between Dubuque, Iowa, and Freeport, Illinois. The engine was engaged in interstate commerce and plaintiff was employed therein. On the day of the accident, he came into Dubuque on his engine, arriving there nt about 10:30 A. M. He left the engine with the engineer, upon a side track, where, according to rule and custom of the company, it was to be taken in charge by a hostler of the roundhouse. He had no further duty with reference to his engine except to return to it in time' to take it out on its next trip, and he expected to…

2Cases cited19 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  3. St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
  4. Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
  5. Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883

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3Cited by10 opinions

  1. Oestereich v. LeslieSupreme Court of Iowa · 1931
  2. Archibald v. Northern Pacific RailroadWashington Supreme Court · 1919
  3. Sweat v. HinesNebraska Supreme Court · 1921
  4. Reed v. DickinsonSupreme Court of Iowa · 1918
  5. Bourne v. Southern Railway Co.Supreme Court of North Carolina · 1945

5 more not listed; retrieve them via the Exa API.

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