Legal Opinion

Hawes v. Burlington, Cedar Rapids & Northern R'y Co.

Supreme Court of Iowa

Decided September 17, 1884PublishedCited by 14 opinions

Appeal f rom Linn District Court. It is stated in the petition that the plaintiff is a minor, and was in the employ of the defendant as a brakeman on a freight train, and that, without negligence on his part, when endeavoring to couple certain cars, because of defendant’s negligence, his hand was caught and injured. The ground of the negligence stated in the petition is that the cars were violently and forcibly thrown together.

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Appeal f rom Linn District Court. It is stated in the petition that the plaintiff is a minor, and was in the employ of the defendant as a brakeman on a freight train, and that, without negligence on his part, when endeavoring to couple certain cars, because of defendant’s negligence, his hand was caught and injured. The ground of the negligence stated in the petition is that the cars were violently and forcibly thrown together. Trial by jury, judgment for the plaintiff, and defendant appeals.

1Opinion of the CourtSeevebs, J.

i practice • SstrucUonsf tícuíarity re-" qiured. I. The charge of the court, in addition to a statement of the issues, consists of paragraphs numbered -fr’om one to sixteen, inclusive/ and, from an amended abstract, it appears that exception thereto was taken at the time the charge was given, in the following words: “And to the giving of such instructions as given, at the time the defendant duly excepted.” This we understand to mean that each paragraph of the charge -was excepted to, and, as this was done *317at the time, no stated reasons were required. Code, § 2787. But counsel for the appellee…

2Cases cited5 opinions

  1. Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
  2. Jenkins v. JenkinsSupreme Court of Iowa · 1861
  3. Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
  4. Hoben v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866
  5. Mann v. S. C. & P. R.Supreme Court of Iowa · 1877

3Cited by14 opinions

  1. State v. WilsonSupreme Court of Iowa · 1943
  2. Englebert v. TroxellNebraska Supreme Court · 1894
  3. Shannon v. GaarSupreme Court of Iowa · 1944
  4. Winey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
  5. State v. GlazeSupreme Court of Iowa · 1916

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