Legal Opinion

Steele v. Central Railroad

Supreme Court of Iowa

Decided April 20, 1876PublishedCited by 10 opinions

Appeal from M'ahasJca District Court. On the 22d day of July, 1874, plaintiff was in the employ of defendant as a brakeman on a freight train. ITe was on the train going north in the discharge of his duties and, while switching at Scarsboro, on defendant’s road, he was struck by the train, thrown under the wheels, which passed over and crushed one of. his arms, and otherwise injured him. His arm was afterward amputated above the elbow and thus rendered useless.

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Appeal from M'ahasJca District Court. On the 22d day of July, 1874, plaintiff was in the employ of defendant as a brakeman on a freight train. ITe was on the train going north in the discharge of his duties and, while switching at Scarsboro, on defendant’s road, he was struck by the train, thrown under the wheels, which passed over and crushed one of. his arms, and otherwise injured him. His arm was afterward amputated above the elbow and thus rendered useless. He seeks in this action to recover damages for these injuries, occasioned as he alleges by the negligence of the employes of the…

1Opinion of the CourtRoti-irook, J.

The following are the conceded facts in the case: When the train came in from the south, it pulled up north of the switch, and backed down on the switch or side track, and unloaded some freight at the station, which is between the main track and switch. An order was given by the conductor to set out a certain Red tine car. The engineer was not then on the engine, and the fireman moved the train up north of the switch, on the main line, and the plaintiff cut off the part of the train in the rear of the Red Line car which was to be left, and the cars thus cut off backed down on the main track.…

2Cases cited1 opinion

  1. Adae & Co. v. ZangsSupreme Court of Iowa · 1875

3Cited by10 opinions

  1. Henderson v. State ex rel. StoutIndiana Supreme Court · 1894
  2. Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
  3. Barzellone v. PresleySupreme Court of Oklahoma · 2005
  4. Bucklew v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
  5. Conners v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888

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