Legal Opinion

Player v. Burlington, Cedar Rapids & Northern Railway Co.

Supreme Court of Iowa

Decided June 16, 1883PublishedCited by 7 opinions

Appeal from, Black Hawk Gireuit Court. The plaintiff was in charge of, and shipped from Nora Junction, a station on defendant’s road, a carload of cattle. After the cattle were placed in the car, tbe plaintiff went to tbe depot for tbe purpose of signing tbe shipping contract. While there, he was informed by the agent that he would have to make haste if he got to the caboose before the train started.

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Appeal from, Black Hawk Gireuit Court. The plaintiff was in charge of, and shipped from Nora Junction, a station on defendant’s road, a carload of cattle. After the cattle were placed in the car, tbe plaintiff went to tbe depot for tbe purpose of signing tbe shipping contract. While there, he was informed by the agent that he would have to make haste if he got to the caboose before the train started. It is stated in the petition that it was a dark night, and that the passage-way from the depot to the caboose was along a high embankment, of insufficient width to allow aperson to walk thereon…

1Opinion of the CourtServers, J.

-I. Counsel for the appellant, in their argument/base their right to recover on the following propositions :

“1st. That defendant failed to furnish plaintiff a safe and reasonable passage-way from its depot to the caboose in which he was to ride.
“2d. That defendant failed to give plaintiff reasonable time, after his contract for the shipment of said cattle was signed, to go from the depot to said caboose before the train was started, and its agents directed plaintiff to climb on one of the freight cars, by reason of which he was compelled to, and *725did, in order to accompany Ms stock, climb on…

2Cited by7 opinions

  1. Conners v. Burlington C. R. & N. R'y Co.Supreme Court of Iowa · 1887
  2. Chicago, R. I. & P. Ry. Co. v. LeeCourt of Appeals for the Eighth Circuit · 1899
  3. Rutherford v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
  4. Meloy v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1889
  5. Fort Scott, Wichita & Western Railway Co. v. SparksSupreme Court of Kansas · 1895

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