Smith v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from Cherokee District Court. — George Jepson, Judge. Suit brought by Vernie Smith to recover damages alleged to have been caused by his being burned in a fire on a dump ground in the yards of defendant company at Cherokee, Iowa. There was a trial to a jury. Defendant introduced no evidence. At the conclusion of plaintiff’s testimony, the trial court directed a verdict for the defendant. Plaintiff appeals.
1Opinion of the CourtPreston, J.
negligence : at-grounds-™1* smouldering The petition alleges, in substance, that plaintiff is a minor about four years of age; that, for some months and during the summer of 1914, defendant kept and maintained in its railway switch yards at Cherokee, Iowa, and at a point about 15 feet north of the sidewalk on the north side of Cherry Street, and between the Sioux Falls and Sioux City branches of its main right of way in said city, a dump, upon which the defendant, through its employees, threw and piled the waste paper, straw, hay and other refuse and accumulations that usually and generally…
2Cases cited11 opinions
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Etheredge v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Kayser v. LindellSupreme Court of Minnesota · 1898
- Schmidt v. Kansas City Distilling Co.Supreme Court of Missouri · 1886
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3Cited by5 opinions
- McKiddy v. Des Moines Electric Co.Supreme Court of Iowa · 1926
- Carter v. Skelly Oil Co.Supreme Court of Kansas · 1963
- Brose v. City of DubuqueSupreme Court of Iowa · 1922
- Cabrnosh v. Penick & Ford, Ltd.Supreme Court of Iowa · 1933
- Carter v. Skelly Oil Co.Supreme Court of Kansas · 1963