Legal Opinion

McKean v. B., C. R. & N. R.

Supreme Court of Iowa

Decided December 13, 1880PublishedCited by 12 opinions

Appeal from, Linn District - Court. Action to recover for personal injuries sustained by plaintiff, while in the employment of defendant as a switchman, by reason of being thrown fr.ora a car operated upon defend- ' ant’s railroad, through the negligence of his co-employes. There was a verdict and judgment for plaintiff in the sum of $4,000. Defendant appeals.

1Opinion of the CourtBeck, J.

— I. The plaintiff was employed as a switchman at defendant’s station in Cedar Rapids. His duties required him to assist in placing cars upon side-tracks. While in this service he was required to ride upon the top of a freight car, and at a certain point to descend therefrom by the ladder at the end of the car, while it was in motion, for the purpose of changing a switch. While in the act of commencing the descent, being in the position of stooping and reaching over *193to seize the Ron at the end of the ladder, the motion of the car was suddenly checked by the application of .the steam brake,…

2Cases cited1 opinion

  1. Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876

3Cited by12 opinions

  1. Taylor v. Star Coal Co.Supreme Court of Iowa · 1899
  2. Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
  3. Orr v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1895
  4. Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
  5. Johnson v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1886

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