Muldowney v. Ill. Cent. Ry. Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. This action was instituted by Edward Laughlin, in Ms lifetime, to recover damages for injuries sustained by the alleged negligence of defendant. After his decease, the administratrix of his estate was substituted as plaintiff, and the cause continued in her name. The decease was in the employ of defendant as brakeman and baggage-master. A part of his duty was to assist in coupling the cars and in making up the trains.
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Appeal from Dubuque District Court. This action was instituted by Edward Laughlin, in Ms lifetime, to recover damages for injuries sustained by the alleged negligence of defendant. After his decease, the administratrix of his estate was substituted as plaintiff, and the cause continued in her name. The decease was in the employ of defendant as brakeman and baggage-master. A part of his duty was to assist in coupling the cars and in making up the trains. On the 9th of September, 1868, at Ackly, on defendant’s road, while attempting to couple two loaded freight cars to the mail car, he was…
1Opinion of the Court
Day J.
contributory negligence. — Evidence was introduced tending to show that the two freight ears, detaj&hed from the locomotive, were moving from east to west, down a grade of forty-five feet to the mile, at an unusual speed, three or tour mpes ail hourj and that, in order to effect a coupling in safety, they should not move at the rate of over one mile per hour.
That Laughlin, who was in charge of the moving cars, got down from them and ran rapidly to get in ahead of them in order to make the coupling when they should come in contact with the standing cars.
That the moving ears struck those…
2Cases cited2 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
3Cited by53 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- State v. ZaunerOregon Supreme Court · 1968
- Fitzgerald v. HaleSupreme Court of Iowa · 1956
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