McAunich v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from Cedar District Court. This action is brought under section 4111 of the Revision, which provides that “ when a wrongful act produces death, the perpetrator is civilly liable for the injury.” The statute provides that the parties to the action shall be the same as though brought for a claim founded on contract against the wrongdoer, and in favor of the estate of the deceased.
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Appeal from Cedar District Court. This action is brought under section 4111 of the Revision, which provides that “ when a wrongful act produces death, the perpetrator is civilly liable for the injury.” The statute provides that the parties to the action shall be the same as though brought for a claim founded on contract against the wrongdoer, and in favor of the estate of the deceased. The plaintilf sues as the administratrix of the estate of Samuel J. McAniuch, deceased, and claims that the decedent was killed by reason of the careless and negligent acts of the defendant’s engineer. There…
1Opinion of the CourtCole, J.
i sailcoifstftutionaiiaw. I. Tbe petition alleges that tbe deceased was in the employ of the defendant as brakeman, and that by reason of the careless and negligent acts of the defendant’s engineer in running the train in njg^t £;me without a head light, the train ran into and over an ox team, forcing the bars together and fatally injuring the deceased.
The defendant demurred to the petition, because it appeared therefrom, that the deceased was an employé of the defendant, and that his death was caused through the carelessness of other employes of the defendant, engaged in its ordinary…
2Cases cited2 opinions
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Sullivan v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1860
3Cited by115 opinions
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Daily Leader v. Cameron, AuditorSupreme Court of Oklahoma · 1895
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