Allen v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. Action to recover for personal injuries sustained by plaintiff, who was a brakeman in the employment of defendant, and, while in the discharge of his duties, was struck by a cattle-chute, located upon a side track of defendant’s road, and thereby thrown to the ground under the cars, which ran over one of his legs, rendering amputation necessary. There was a judgment upon a verdict for plaintiff. Defendant appeals.
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Appeal from Des Moines District Court. Action to recover for personal injuries sustained by plaintiff, who was a brakeman in the employment of defendant, and, while in the discharge of his duties, was struck by a cattle-chute, located upon a side track of defendant’s road, and thereby thrown to the ground under the cars, which ran over one of his legs, rendering amputation necessary. There was a judgment upon a verdict for plaintiff. Defendant appeals. The case has before been in this court. See 57 Iowa, 623.
1Opinion of the CourtBeck, J.
I. The plaintiff sustained the injury which is the foundation of the action while engaged, with other train men, in taking cars from a side track upon which a cattle-chute was situated. It became necessary for him to pass the chute while upon a coal car, that, he might be ready to go from the car at a proper place, in order to turn a switch. lie stood upon the oil-box of the journal of a wheel, and supported himself with one hand, in the other holding his lantern. While in this position, the car passed the cattle-chute, which struck him, and knocked him to the ground, when the wheels of the…
2Cases cited1 opinion
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
3Cited by5 opinions
- Vandalia Coal Co. v. PriceIndiana Supreme Court · 1912
- Keist v. Chicago Great Western RailroadSupreme Court of Iowa · 1899
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
- Gagnon v. Klauder-Weldon Dyeing Mach. Co.U.S. Circuit Court for the District of Northern New York · 1909
- Pennsylvania Co. v. NewbyIndiana Supreme Court · 1905