Hurst v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Madison District Cowl. This is an action for the recovery of ten thousand dollars for alleged injuries sustained by plaintiff while in the employ of defendant, as a section hand on its track, running a hand car.
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Appeal from Madison District Cowl. This is an action for the recovery of ten thousand dollars for alleged injuries sustained by plaintiff while in the employ of defendant, as a section hand on its track, running a hand car. The petition, in substance, alleges that the hand car was not suitably constructed; that it was old and worn out; that it was overloaded; that plaintiff was compelled to occupy a dangerous position thereon, and that it was run in a careless and negligent manner. The petition further alleges that, for some time prior to the injury plaintiff had been employed and had agreed…
1Opinion of the CourtDay, J.
1. evidence: testimony of experts: hypothetical question. I. The plaintiff describes the accident and injury as follows: “I lit lengthwise of the track, and on my side and back. I tried to step, and the car caught me before I struck the ground. My foot was caught in the cogs, my'leg was broken, and the car passed over me, and I was turned end over end under the car.” In another portion of his testimony the plaintiff speaks of the accident and injury as follows: “In falling, my right foot was caught in the gearing, and my other leg was broken; part of the bone was mashed; both bones were…
2Cases cited3 opinions
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
- State v. GeddisSupreme Court of Iowa · 1875
- State v. StickleySupreme Court of Iowa · 1875
3Cited by13 opinions
- State v. SoperSupreme Court of Missouri · 1899
- Flanagan v. StateSupreme Court of Georgia · 1898
- Hall v. RankinSupreme Court of Iowa · 1893
- Capper v. Louisville, Evansville & St. Louis Railway Co.Indiana Supreme Court · 1885
- In re Will of AmesSupreme Court of Iowa · 1879
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