Swaim v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Appanoose District Gotvrt — O. W. Vermilion, Judge. Action at law to recover damages for personal injury. There was a trial to a jury, and verdict and judgment for plaintiff. The defendant having taken an appeal to this court, an affirming opinion was handed down at the January term, 1919. See Swaim v. Chicago, R. I. & P. R. Co., 170 N. W. 296. Thereafter, a petition for rehearing was granted, and the cause has been resubmitted, with additional arguments.
1Opinion of the CourtWeaver, J.
The plaintiff was a member of a section gang in the employ of the defendant. In this labor, he was associated with one Amberg and others, and in their work they were under the command or direction of a foreman. On the occasion in question, plaintiff and Amberg, and perhaps others, were engaged in ballasting or repairing the track, each using what is spoken of in the record as a “tamping pick.” This tool was made somewhat after the fashion of the common pick, except that, while one prong was drawn to a comparatively shai*p point, the other was finished with a squared or flattened head.…
2Cases cited88 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
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3Cited by41 opinions
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Gerst v. MarshallSupreme Court of Iowa · 1996
- Federated Mutual Implement & Hardware Insurance Co. v. DunkelbergerSupreme Court of Iowa · 1969
- Frederick v. GoffSupreme Court of Iowa · 1960
- Blessing v. WeldingSupreme Court of Iowa · 1939
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