Luce v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.
Supreme Court of Iowa
Appeal from O'Brien District Court. Action to recover for a personal injury. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
At the conclusion of the plaintiff’s evidence, the defeiidant moved for an instruction to render a verdict in its favor. The court refused to so instruct, and the defendant assigns the refusal as error.
The undisputed evidence shows that the plaintiff was employed in a coal-house of the defendant. While so employed hoisting coal for the purpose of filling a car, a co-employe so negligently managed a crane which they were using in the work that it struck the plaintiff’s arm and broke it. The danger arising from the use of the crane does not appear to have been greater or less by the fact that…
2Cases cited1 opinion
- Malone v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1883
3Cited by12 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Indianapolis Traction & Terminal Co. v. KinneyIndiana Supreme Court · 1908
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
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