Legal Opinion

Malone v. Burlington, Cedar Rapids & Northern Railway Co.

Supreme Court of Iowa

Decided December 12, 1884PublishedCited by 19 opinions

Appeal from Linn District Court. This is an action for the recovery of damages caused-by a personal injury sustained by plaintiff while in the employ of defendant; the injury being caused by the negligence of a co-employe. The verdict and judgment were for defendant, and plaintiff appeals.

1Opinion of the CourtReed, J.

It was proven on the trial that, at the time he *418received the injury complained of, plaintiff was, and for some years had been, in defendant’s employ as a wiper; that his duties were to clean the engines when they were brought in off the road, to open the doors of the engine-house to admit the passage of engines into and out of the house, and close the same after the engines had passed; to turn the turn-table; to shovel the snow from the turn-table and tracks leading to the engine-house into a dumpy or hand car, and move the same to some convenient and accessible place on the main track over…

2Cases cited2 opinions

  1. Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
  2. Malone v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1883

3Cited by19 opinions

  1. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
  2. Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
  3. Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
  4. Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
  5. Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905

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