Baldwin v. C., R. I. & P. R.
Supreme Court of Iowa
Append from Gass Circuit Court. The plaintiff, claiming to be an employe of defendant, whose duty it was to couple and uncouple cars, was injured while engaged in the performance of his duty, without fault on his part, but through the fault and negligence of the defendant, as he claims.
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Append from Gass Circuit Court. The plaintiff, claiming to be an employe of defendant, whose duty it was to couple and uncouple cars, was injured while engaged in the performance of his duty, without fault on his part, but through the fault and negligence of the defendant, as he claims. The act of negligence stated in the petition consisted in having on its track cars “the couplings, bumpers or chafing irons, commonly called dead-woods,” on which “were not the usual ones in use upon said road, nor such as had been in use-thereon at any time during which plaintiff had been” in the employ of…
1Opinion of the CourtSeeyers, J.
i kailboads: struc5on!orn' cars' I. The plaintiff had only been working for the defendant three or four days when he was injured. He n0 previous experience in the business. There was no evidence tending to show the cars were out of repair. The- contrary clearly appeared. There is no dispute but that the cars the plaintiff attempted to couple had at each end double dead-woods on •each side of the draft-iron, about a foot from it, and projecting out even with the draft-iron. The evidence did not show the cars to be faulty in their construction in any other respect. They did not belong to the…
2Cases cited3 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
3Cited by21 opinions
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Kohn v. McNultaSupreme Court of the United States · 1893
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
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