Legal Opinion

Allen v. B., C. R. & N. R.

Supreme Court of Iowa

Decided March 21, 1882PublishedCited by 14 opinions

Appeal from Des Moines District Court. Action to recover damages sustained from personal injuries received by plaintiff while employed as a bralcemau upon defendant’s railroad, which were caused by negligence of defendant. There was a verdict and judgment for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

I. The plaintiff, in the discharge of his duty as a brakeman, was required in the night-time to couple to his train certain cars upon a side track, to be taken or removed'by his train. A “ cattle chute” was situated near this side track which was passed by the cars under the charge of plaintiff, upon one of which, a coal car, he was at the time, having previously made the coupling. While getting down from the car in order to change a switch, the train being in motion, he was struck by the “ cattle chute ” and thrown to the ground. A wheel of one of the cars ran over his foot, crushing it so…

2Cases cited2 opinions

  1. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  2. McKean v. B., C. R. & N. R.Supreme Court of Iowa · 1880

3Cited by14 opinions

  1. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
  2. Stomne v. Hanford Produce Co.Supreme Court of Iowa · 1899
  3. Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
  4. Missouri Pacific Railway Co. v. MackeySupreme Court of Kansas · 1885
  5. In Re Claim of DuckettSupreme Court of North Carolina · 1967

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