McCutcheon v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from. Washington District Court. — Henry Silwold, Judge. Action for damages for alleged negligence of the de-. fendant in permitting noxious weeds to grow upon its roadbed, including sand burs and thistles.
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Appeal from. Washington District Court. — Henry Silwold, Judge. Action for damages for alleged negligence of the de-. fendant in permitting noxious weeds to grow upon its roadbed, including sand burs and thistles. The petition alleges that the plaintiff was a section hand, engaged in his line of work upon the defendant’s right of way, in charge of a foreman; that, while so engaged about his work, and particularly while placing a hand car upon the rails, his limbs were pricked by such burs and thistles, wherefrom blood poisoning later set in, and caused the plaintiff great injury. The action…
1Opinion of the CourtEvans, J.
l. master and SERVANT: worK • * rail way ripres-°£ weeds0* nosious The line of duty of a section hand is the. care and maintenance of the right of way. Assuming that the railroad company owed a duty to the public to destroy all noxious weeds upon its right of way, it must necessarily perform such duty through employees. Weeds indigenous to the soil must necessarily grow, to some extent, upon right of ways. The best that the most diligent can do is to destroy them within a reasonable time. That some degree of danger is always present upon a right of way is a matter of common observation. Burs…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Spokane & Inland Empire Railroad v. CampbellSupreme Court of the United States · 1916
- Vance v. Southern Kansas Ry. of TexasCourt of Appeals of Texas · 1912
- San Antonio & Aransas Pass Railway Co. v. BurnsCourt of Appeals of Texas · 1905
3Cited by1 opinion
- Haskins v. Southern Pacific Co.California Court of Appeal · 1934