Fox v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. D. E. Hindman, Judge. This is an action to recover damages for a personal injury. The plaintiff, a young man aged nineteen years and eight months, was injured in mounting a moving box car for the purpose of setting the brake thereon.
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Appeal from Franklin District Court. — Hon. D. E. Hindman, Judge. This is an action to recover damages for a personal injury. The plaintiff, a young man aged nineteen years and eight months, was injured in mounting a moving box car for the purpose of setting the brake thereon. He succeeded in catching hold of the ladder on the car, and because of the height of the stirrup below the ladder, he did not place his foot therein, but attempted to make the ascent by placing his foot on the oil box on the axle, from which it slipped, and the car wheel ran over his foot, and crushed it so that it…
1Opinion of the CourtRothkock, J.
1. Railroads: employment of brakemen: authority of conductor. I. One question' of fact at issue between the parties was whether the plaintiff was an employee of the defendant at the time he received the injury for which he claims damages. The injury was received while the crew of a tram was engaged in switching cars in the railroad yards at a station named Sumner. • It appears that the branch line of the defendant running from Sumner to Hampton was operated by a train upon which there was a conductor, an engineer and fireman, and one brakeman, and another employee, who acted in the capacity…
2Cases cited4 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Crabell v. Wapello Coal Co.Supreme Court of Iowa · 1886
3Cited by9 opinions
- Baltimore & Ohio Southwestern Railroad v. BurtchSupreme Court of the United States · 1924
- St. Louis & San Francisco Railroad v. MorrisSupreme Court of Kansas · 1907
- Brown v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1926
- Kerlin v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1910
- Nye v. AdamsonNebraska Supreme Court · 1936
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