Haden v. Sioux City & Pacific Railroad
Supreme Court of Iowa
Appeal from Harrison District Coart.- — Hon, C. H. Lewis, Judge. Action to recover for personal injuries received by being run over by moving cars operated by defendant, while in the employ of defendant as section foreman, because, of defendant’s employes negligently cutting, or permitting a train to break, in two parts, and neglecting to stop the detached cars, or to give any proper warning to plaintiff of their approach.
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Appeal from Harrison District Coart.- — Hon, C. H. Lewis, Judge. Action to recover for personal injuries received by being run over by moving cars operated by defendant, while in the employ of defendant as section foreman, because, of defendant’s employes negligently cutting, or permitting a train to break, in two parts, and neglecting to stop the detached cars, or to give any proper warning to plaintiff of their approach. The defendant answered admitting its corporate capacity, and plaintiff’s employment as section foreman, and denying all other allegations, and alleging contributory…
1Opinion of the CourtGiven, J.
l I. After the jury was impaneled, lefendant objected to the introduction of any evilence, for the reason that the petition failed'to state a lause of action, which objection was overruled, and she ruling is assigned as error. It is urged, in support of the objection, that plaintiff’s employment as section foreman was in no way connected with the operation of trains, and not within section 1307 of the Code. If this be correct, “then the facts stated in the petition do not entitle the plaintiff to the relief lemanded,” and were grounds for demurrer. Code, section 2648. Code, section 2650, is…
2Cases cited6 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Gorman v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1889
- Magee v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Richards v. MonroeSupreme Court of Iowa · 1892
- Worden v. Humeston & Shenandoah Railway Co.Supreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Hoffard v. Illinois Central Railway Co.Supreme Court of Iowa · 1907
- Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895
- Croft v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Ashcraft v. Davenport Locomotive WorksSupreme Court of Iowa · 1910
5 more not listed; retrieve them via the Exa API.