Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.
Supreme Court of Iowa
Appeal from Blade Hawle Oireuit Cowrt. The plaintiff’s intestate was in the employ of the defendant, as plaintiff claims, as a fireman on a locomotive, and he was killed in an accident which occurred on the railway in October, 1884. Trial by jury. Judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevers, J.
A recovery is asked in the petition on the ground of the negligence of the defendant. The negligence, *563as stated in the petition, is (1) that the track was not properly ballasted; (2) that the rails were not properly spiked to the ties; (3) that the track was rough and uneven; (4) that defendant failed to furnish a suitable engineer; (5) that defendant failed to furnish appliances for turning the engine; and (6) that it was running backward; and by reason of the circumstances above stated the engine was thrown from the track, whereby the deceased was injured, and subsequently died. The…
2Cases cited4 opinions
- Mayes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Case v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Ruggles v. Town of NevadaSupreme Court of Iowa · 1884
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1878
3Cited by20 opinions
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1888
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Fish v. Illinois Central Railway Co.Supreme Court of Iowa · 1896
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