Heggen v. Ft. Dodge, Des Moines & Southern Railroad
Supreme Court of Iowa
'Appeal from Boone District Court. — Hon. Robert M. Wright, Judge. - Action to recover damages for personal injury resulting to plaintiff while a passenger on defendant’s train from being assaulted and beaten by the conductor on said, train through no misbehavior on his part and through the wilful and malicious act of said conductor.
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'Appeal from Boone District Court. — Hon. Robert M. Wright, Judge. - Action to recover damages for personal injury resulting to plaintiff while a passenger on defendant’s train from being assaulted and beaten by the conductor on said, train through no misbehavior on his part and through the wilful and malicious act of said conductor. The defendant alleged misconduct of the plaintiff as a passenger, and also alleged that at the time of the injury to plaintiff the latter was in an intoxicated condition and had a bottle of whisky in his pocket over which there was a loud, boisterous, abusive,…
1Opinion of the Court
McClain, J.-
-There is no contention on the part of appellant that the case was not properly submitted to the jury or that the verdict was not supported by the evidence, unless there was' a failure of the court to properly leave it to the jury to determine whether the conductor in assaulting and mistreating the passenger was acting as an official agent or representative of the state in -such manner and to such extent as that the defendant was not liable for what was done.
The appellant relies wholly upon the provisions of *315Acts Thirty-third General Assembly, chapter 141 (1909), which are as…
2Cases cited8 opinions
- Dickson v. WaldronIndiana Supreme Court · 1893
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
- Deck v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1905
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927
- Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1917
- Seymoure v. Director General of RailroadsDistrict Court, District of Columbia · 1923