Lehman ex rel. Lehman v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
Appeal from Hancock District Court. — Hon. J. J. Clark, Judge. Action to recover damages for personal injuries received by plaintiff while 'in defendant’s employ as a .sectionman, alleged to have been due to the negligence of the section boss in charge of the operation of a hand car on which plaintiff was riding, resulting in the derailment of the car and injury to plaintiff.
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Appeal from Hancock District Court. — Hon. J. J. Clark, Judge. Action to recover damages for personal injuries received by plaintiff while 'in defendant’s employ as a .sectionman, alleged to have been due to the negligence of the section boss in charge of the operation of a hand car on which plaintiff was riding, resulting in the derailment of the car and injury to plaintiff. The jury returned a verdict for the plaintiff for $6,000. On motion for a new trial, in which various grounds of error were alleged, the court gave the plaintiff the option of accepting a verdict for $4,500, and, on the…
1Opinion of the CourtMcClain, J.
The facts relating to the nature and extent of the accident resulting in the injury to the plaintiff, which the jury may have found as substantially supported by the evidence, were these: Plaintiff, nineteen years of age, under the direction of one Nelson as section foreman, and with the assistance of another sectionman named Willodson, started with a hand car from the ear-house at Britt, for the purpose of going in a southwesterly direction on the track of defendant to his place of work. A young lady, Miss Prince, who was teaching at a school*120house south of the town, accompanied them on the…
2Cases cited28 opinions
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Gould v. SchermerSupreme Court of Iowa · 1897
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Neal v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ryan v. TrenkleSupreme Court of Iowa · 1924
- Elings v. Ted McGrevey, Inc.Supreme Court of Iowa · 1952
- Buchanan v. Hurd Creamery Co.Supreme Court of Iowa · 1932
- State v. KneeskernSupreme Court of Iowa · 1926
- Nicoll v. SweetSupreme Court of Iowa · 1913
8 more not listed; retrieve them via the Exa API.