Belair v. C. & N. W. R.
Supreme Court of Iowa
Appeal from Boone Circuit Court. Tiie petition alleged, in substance, that on tbe 3rd clay of January, 1872, the plaintiff was in tbe employment of tbe defendant as a brakeman, and that, by reason of such employment, it became bis duty to couple and uncouple cars upon tbe trains on which he was employed, subject to tbe orders of tbe conductor. That at Moingona, pursuant to tbe orders of tbe conductor, be proceeded to couple tbe way car of tbe train to a locomotive engine.
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Appeal from Boone Circuit Court. Tiie petition alleged, in substance, that on tbe 3rd clay of January, 1872, the plaintiff was in tbe employment of tbe defendant as a brakeman, and that, by reason of such employment, it became bis duty to couple and uncouple cars upon tbe trains on which he was employed, subject to tbe orders of tbe conductor. That at Moingona, pursuant to tbe orders of tbe conductor, be proceeded to couple tbe way car of tbe train to a locomotive engine. That tbe draw-bars and draft irons of tbe way car were out of repair, unsafe, and unfit for use, tbe draw-bars and draft…
1Opinion of the CourtDay, J.
i evidence-en™-Switho°ut prejudice. I. The plaintiff’ was injured on the 3rd day of January, 1872, by way car numbered forty-two. At the trial *he plaintiff testified that the company keeps a hook by car repairer, showing what repairs are made; William Stroner keeps it every night. The plaintiff produced this book, and offered in evidence - the following entries: “January 6th, 1872,42 way car draft iron taken out and repaired.” January 10th, 1872, 42 way car, new end timbers on platform; draft iron taken out and made longer; draft timber casting put on old.”
These entries were objected to; the…
2Cases cited7 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Brown v. BridgesSupreme Court of Iowa · 1870
- Russ v. The Steamboat War EagleSupreme Court of Iowa · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Elings v. Ted McGrevey, Inc.Supreme Court of Iowa · 1952
- Ohio & Mississippi Railway Co. v. DunnIndiana Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.