Merryman v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. D. Ryan.. Judge. Action to recover damages for personal injuries sustained by the plaintiff, and alleged to have been1' caused by negligence on the part of the defendant. When the evidence for the plaintiff had been fully submitted, the court sustained a motion to instruct the jury to return a verdict for the defendant. A verdict was returned as directed, and judgment was entered in favor- of the defendant for costs.
Read the full summary
Appeal from Jasper District Court. — Hon. D. Ryan.. Judge. Action to recover damages for personal injuries sustained by the plaintiff, and alleged to have been1' caused by negligence on the part of the defendant. When the evidence for the plaintiff had been fully submitted, the court sustained a motion to instruct the jury to return a verdict for the defendant. A verdict was returned as directed, and judgment was entered in favor- of the defendant for costs. The plaintiff appeals.
1Opinion of the CourtRobinson, C. J.
In March, 1889, the defendant maintained a turntable on its grounds at the town of Kellogg. The turntable was about forty-five feet in length, weighed from ten to fifteen tons, and rested on a central pivot. Under each end was a wheel so placed that it revolved on a circular track below, if brought in contact with it when the table was in motion. The upper surface of the rails on the table was about four feet above the circular track when the table was level. Each wheel was about one and one-half inches above that track, but a moderate weight on either end would depress it until the wheel…
2Cases cited6 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cahill v. E. B. & A. L. Stone & Co.California Supreme Court · 1908
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911
- Herdt v. KoenigMissouri Court of Appeals · 1909
20 more not listed; retrieve them via the Exa API.