Legal Opinion

Patterson v. Omaha & Council Bluffs Railway & Bridge Co.

Supreme Court of Iowa

Decided February 2, 1894PublishedCited by 10 opinions

Appeal from Pottawattamie District Court. — Hon, A. B. Thornell, Judge. The defendant company operates a line of street railway on some of the streets in Council Bluffs, Iowa, and in Omaha, Nebraska. The plaintiff resided in 1890 in Council Bluffs, and was employed as a draughtswoman in an office in Omaha. She traveled to and from her work on defendant’s railway.

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Appeal from Pottawattamie District Court. — Hon, A. B. Thornell, Judge. The defendant company operates a line of street railway on some of the streets in Council Bluffs, Iowa, and in Omaha, Nebraska. The plaintiff resided in 1890 in Council Bluffs, and was employed as a draughtswoman in an office in Omaha. She traveled to and from her work on defendant’s railway. On the twenty-eighth day of October, 1890, as she was returning to her home, and was alighting from the car at Fifth avenue, in Council Bluffs, she fell, and was permanently injured, and this action is to recover her damage. Her…

1Opinion of the CourtGranger, C. J.

I. There is a claim that the verdict is without support in the evidence. Where defendant’s line running on Pearl street crosses Fifth avenue is where plaintiff was in the habit of transferring or alight*249ing. The car ’approached Fifth avenue on Pearl street from the north. The custom of the company was, and its rules require, that the car should cross the avenue before stopping for passengers to alight. This would require the plaintiff to alight on the south side of the avenue. As she claims, the car stopped on the north side, and, as she was alighting, it started suddenly, throwing her to the…

2Cited by10 opinions

  1. Waterloo Savings Bank v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1953
  2. Connell v. Keokuk Electric Railway & Power Co.Supreme Court of Iowa · 1906
  3. Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
  4. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
  5. Girratono v. Kansas City Public Service Co.Missouri Court of Appeals · 1951

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