Jurgens v. Davenport, Rock Island & Northwestern Railway Co.

On March 17, 1954, the plaintiff was in the employ of Yogel Roofing Company and was at the time engaged in unloading roofing material from a boxcar located on a siding in Davenport. Employees of the defendant were engaged in switching on near-by tracks, and through some mistake permitted a string of three cars to enter the siding where plaintiff was at work. These cars struck the car in which plaintiff was employed, injuring him. No question is raised on this appeal as to the negligence of the defendant.

The defendant assigns three errors relied upon for reversal. The first is that the court…