Verry v. B., C. R. & M. R.
Supreme Court of Iowa
Appeal from Benton District Oowrt. Action to recover damages for personal injuries. The plaintiff was a switcbman whose duty it was to couple and uncouple cars at Cedar Rapids. While engaged in this duty he was injured. This cause was before the court on demurrer to the petition, and is reported in 42 Iowa, 246. There was a verdict and judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtServers, J.
1 railroads: of agent: ageiít.pal an As was his - duty the defendant was endeavoring to couple two cars together. The draw-bar of one of them was out of repair, and by reason thereof the plaintiff’s hand was crushed. It was an important and material question whether the defendant had any knowledge that said car was out of repair. It had been standing for several days in the yard at Cedar Rapids, and it was the custom of the defendant through its employes to examine all cars on their arrival. If this car had been examined the fact that it was out of repair could have been readily discov*550ered.…
2Cases cited5 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
- Chicago, Burlington & Quincy Railroad v. ColemanIllinois Supreme Court · 1857
- Lafayette & Indianapolis Railroad v. EhmanIndiana Supreme Court · 1868
3Cited by17 opinions
- Golden v. NewbrandSupreme Court of Iowa · 1879
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1888
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Cooley v. KillingsworthSupreme Court of Iowa · 1930
- Howell v. J. Mandelbaum & SonsSupreme Court of Iowa · 1913
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