Hermanek v. Chicago & N. W. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. Action by John Hermánele against the Chicago & Northwestern Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WM. H. HUNGER, District Judge.
This action was brought to recover for a personal injury sustained by plaintiff while in the employ of the defendant as a section hand at work upon defendant’s line of road. The injury occurred while plaintiff and a coemploye were in the act of pulling a spike out of a tie by the use of a clawbar and spike maul; plaintiff holding the clawbar, and his coemployé using the maul to drive the clawbar under the head of the spike. While thus working, the head of the spike broke off and struck the plaintiff in the eye, causing the injury complained of.
The negligence…
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Homestake Min. Co. v. FullertonCourt of Appeals for the Eighth Circuit · 1895
- Cudahy Packing Co. v. SkoumalCourt of Appeals for the Eighth Circuit · 1903
3Cited by5 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Bevin v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
- Boland v. Great Northern Ry. Co.Court of Appeals for the Ninth Circuit · 1913
- Gold Hunter Mining & Smelting Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1916
- Missouri, K. & T. Ry. Co. v. HighfillSupreme Court of Oklahoma · 1930