Legal Opinion

Wilder v. Great Western Cereal Co.

Supreme Court of Iowa

Decided November 19, 1906PublishedCited by 11 opinions

Appeal from Webster District Court.— Hon. W. D. Evans, Judge. Action at law to recover damages for personal injuries received by plaintiff resulting from his being thrown from the ladder of a pile driver operated by defendant, which, it is claimed, was insecurely fastened. Defendant filed a general denial and pleaded assumption of risk by plaintiff. It also pleaded that the negligence, if any, was that of a fellow servant, for which defendant was not responsible.

Read the full summary

Appeal from Webster District Court.— Hon. W. D. Evans, Judge. Action at law to recover damages for personal injuries received by plaintiff resulting from his being thrown from the ladder of a pile driver operated by defendant, which, it is claimed, was insecurely fastened. Defendant filed a general denial and pleaded assumption of risk by plaintiff. It also pleaded that the negligence, if any, was that of a fellow servant, for which defendant was not responsible. Upon trial to a jury a verdict was returned for plaintiff in the sum of $2,000. which, upon order of the district court, was…

1Opinion of the CourtDeemer, J.

Defendant is a corporation engaged in . the manufacture of meals. It has a plant at Et, Dodge, *453which is in charge of various superintendents and foremen. Prior to the day when the accident occurred, plaintiff was engaged in work for defendant as a general roustabout. A Mr. Butts employed him, and one Pearson pointed out the kind of work he was to do. At the time of his employment and when he received his injuries he was nineteen years of age. On a Saturday night he was asked by Butts to help one Picord drive piles on the next Sunday, and, pursuant to request, reported for duty on that day.…

2Cases cited26 opinions

  1. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  2. City of LaSalle v. KostkaIllinois Supreme Court · 1901
  3. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  4. VanDusen v. LetellierMichigan Supreme Court · 1889
  5. Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875

21 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. JaponeSupreme Court of Iowa · 1926
  2. Helgeson v. E. B. Higley Co.Supreme Court of Iowa · 1910
  3. Korab v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
  4. Funk v. Leonard Construction Co.Supreme Court of Iowa · 1913
  5. Donnelly v. Ft. Dodge Portland Cement Corp.Supreme Court of Iowa · 1914

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API