Legal Opinion · Dissent

Dunn v. Chicago, Rock Island & Pacific Ry. Co.

Supreme Court of Iowa

Decided May 19, 1906Published

Appeal from Gass District Court.— Hon. A. B: Thoknell, Judge: Suit at law to recover for tbe death of tbe plaintiff’s intestate. Directed' verdict for tbe defendant. Tbe plaintiff appeals.- — ■

1DissentWeaver, J.

(dissenting).— Conceding that the conclu•sion announced is not without the color of support in some of the cited cases, it remains true in my judgment that none of our decisions have gone to the extent of the position affirmed by the majority opinion. Code, section 20Y1, so far as it bears upon the case, as in the following language — “ every corporation operating a railway shall be liable for damages sustained by any person including employes of such corporation, in consequence of the neglect of the agents, or by the mismanagement of engineers or oilier employes thereof, and in consequence…

2Cases cited38 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
  2. Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
  3. Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
  4. Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
  5. L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886

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