Wimber v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. S. M. Weaver, Judge. Plaintiff brings this action to recover damages for personal injury sustained while in the employ of the defendant as head brakeman on a freight train, and when engaged in uncoupling an engine and freight car, which injuries necessitated the amputation of his right leg about six inches below the knee.
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Appeal from Hardin District Court. — Hon. S. M. Weaver, Judge. Plaintiff brings this action to recover damages for personal injury sustained while in the employ of the defendant as head brakeman on a freight train, and when engaged in uncoupling an engine and freight car, which injuries necessitated the amputation of his right leg about six inches below the knee. He alleges that he was injured by reason of defendant’s servants in charge of said engine causing it to move back against him without any warning or signal -to him. The defendant answered, denying the charge of negligence, and…
1Opinion of the CourtGiven, C. J.
1 I. The plaintiff, in the line of his duties, was engaged in switching cars. It became necessary for him to uncouple a freight car attached to the rear of an engine, and to do so he had to go between the engine and car. It was the duty of the engineer to stop and start the engine, on signals from the plaintiff alone, while engaged in this work. Plaintiff claims that the engine was stopped, that he then went between the standing engine and car to draw the coupling pin, and that, without any signal from him, the engineer negligently started the engine backward without warning, and in…
2Cases cited5 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
- Kroener v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1893
- Quinlan v. Chicago, Rock Island & Pacific Co.Supreme Court of Iowa · 1901
3Cited by11 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Elings v. Ted McGrevey, Inc.Supreme Court of Iowa · 1952
- Bradbury v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
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