Vimont v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from, Polh Girouit Court. The plaintiff, as assignee of one Oscar Johnson, brings this action to recover for a personal injury to Johnson. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
Johnson took passage on the defendant’s train at Marshalltown, having purchased a ticket either for Moingona or Ogden, the next station west of Moingona. Soon after the train left Moingona, and while it was in *59motion, he got off, and, in doing so, he fell into a culvert several feet deep, and received an injury. The accident •occurred between three and four o’clock in the morning of a very dark night. The culvert was 513 feet west of the Moingona station. The train, according to the strong preponderance of the evidence, had acquired a very considerable speed, probably at the rate…
2Cases cited1 opinion
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
3Cited by6 opinions
- Galloway v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Raben v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. GrayIndiana Court of Appeals · 1902
- Ft. Worth & D. C. Ry. Co. v. AudenCourt of Appeals of Texas · 1915
- Bersie v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1926
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