Messenger v. Pate
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The petition alleges that in August, 1874, the defendants owned and operated a threshing machine in a careless, negligent and unlawful manner, by permitting the tumbling- rods in close proximity to those employed thereabouts to be unprotected, exposed and unsafe; that plaintiff was there rightfully employed at and about said machine and seeing its condition and how it was operated, and, although using due care and diligence and without any…
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Appeal from Clinton Circuit Court. The petition alleges that in August, 1874, the defendants owned and operated a threshing machine in a careless, negligent and unlawful manner, by permitting the tumbling- rods in close proximity to those employed thereabouts to be unprotected, exposed and unsafe; that plaintiff was there rightfully employed at and about said machine and seeing its condition and how it was operated, and, although using due care and diligence and without any fault on his part, was by reason of the negligence, carelessness and unlawful operating of said machine, seriously…
1Opinion of the CourtRothrock, J.
Sec.4064, of the Code,provides, “that if any person run any threshing machine in this State, without having the two lengths of tumbling rods next the machine, together with the knuckles or joints and jacks of the tumbling rods safely boxed and secured, while the machine is running, he shall be deemed guilty of a misdemeanor, and bepunished, etc.”
*446I. Tlie first .question presented is that as the statute does not in terms give aright of action to a person injured by the neglect of the person operating the machine to comply with the law, is it a sufficient allegation of negligence to aver that…
2Cases cited3 opinions
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
- Dodge v. Burlington, C. R. & M. R. R.Supreme Court of Iowa · 1872
- Murphy v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
3Cited by11 opinions
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
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