Sullivan v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from Johnson District Court. In December, 1858, the plaintiff filed his petition to recover of defendant damages for severe physical injuries which he had sustained under the following circumstances: He had been employed, with others, on division No. 9, of said road, by said defendant, for the purpose of passing over that portion of the track of said road in a hand car, in advance of the regular train, that the condition of the track might be ascertained and all…
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Appeal from Johnson District Court. In December, 1858, the plaintiff filed his petition to recover of defendant damages for severe physical injuries which he had sustained under the following circumstances: He had been employed, with others, on division No. 9, of said road, by said defendant, for the purpose of passing over that portion of the track of said road in a hand car, in advance of the regular train, that the condition of the track might be ascertained and all obstructions removed. Whilst performing this daily duty one morning before daybreak, it being rainy and dark, he was…
1Opinion of the CourtLowe, C. J.
The important and controlling question in this case arises out of the refusal of the court, upon request, to give as a charge to the jury in behalf of the defense, the third, fourth, fifth and sixth instructions, and the overruling of the motion for a nonsuit.
This motion and the instructions specified raise one and substantially the same question. The decision which we shall be compelled to make of this question so fully and entirely disposes of this case, that the consideration and determination of the other points made in the progress of *423the trial below and assigned for error here will be…
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Jones heirs v. Inge heirsSupreme Court of Alabama · 1837
3Cited by22 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
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