Baldwin v. St. Louis, Keokuk & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Lee District Court. ActioN for the recovery of damages for a personal injury sustained by plaintiff while in defendant’s employ as a carpenter. The injury was caused by the falling of a pile of timbers near which plaintiff was working at the time. "When, plaintiff rested his case, the district court directed the jury to return a verdict for defendant. It afterwards sustained plaintiff’s motion for a new trial, and from that order defendant appeals.
1Opinion of the CourtReed, J.
It is alleged in the petition that the timbers which fell ujion plaintiff, and caused the injury of which he complains, were so negligently and carelessly piled as to be dangerous, and that their fall, and the injurjq were in consequence of defendant’s negligence in permitting them to remain in that condition. Under the issues, plaintiff was required to prove (1) that defendant was negligent in the respect alleged, and that the injury was caused by such neg*46ligence; and (Si) that he was not guilty of any negligence himself which contributed to the injury. The only question in the case is…
2Cases cited2 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
3Cited by2 opinions
- Lowe v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1893
- Baldwin v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1888