McKnight v. Iowa & Minnesota R. Construction Co.
Supreme Court of Iowa
Appeal from Winneshiek Gircioit Gourt. The defendant is a corporation engaged in constructing a railroad. The plaintiff', while acting as employe of defendant, was injured through, the carelessness of a co-employe, and brings this action to recover. At the time of the accident the defendant was using a gravel train in its work of constructing a road-bed.
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Appeal from Winneshiek Gircioit Gourt. The defendant is a corporation engaged in constructing a railroad. The plaintiff', while acting as employe of defendant, was injured through, the carelessness of a co-employe, and brings this action to recover. At the time of the accident the defendant was using a gravel train in its work of constructing a road-bed. The train had stopped and the plaintiff was shoveling off gravel, when it suddenly started without any signal being given, throwing the plaintiff off, and causing the injury sued for: Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtAdams, J.
The defendant asked the court to give the following instructions:
“ 1st. The burden of proof is upon the plaintiff to establish by evidence that defendant is a corporation operating a railroad, and if you find from the evidence that defendant was engaged only in the business of filling in the road-bed, constructing side-tracks and riprap, such business would not constitute defendant a corporation engaged in operating a railroad; and in absence of proof that defendant was connected with the railroad whereon the injury complained of occurred, then you will find for the defendant.
“ 2d. The mere…
2Cases cited1 opinion
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
3Cited by13 opinions
- Bradford Construction Co. v. HeflinMississippi Supreme Court · 1906
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1910
- Roe v. WinstonSupreme Court of Minnesota · 1902
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