Legal Opinion

Perigo v. C., R. I. & P. R.

Supreme Court of Iowa

Decided October 27, 1879PublishedCited by 20 opinions

Appeal from Polls Gireuit Oourt. The plaintiff, as administratrix of the estate of "V. R. Perigo, deceased, alleged that through the negligence of the ■defendant an injury was inflicted upon the said V. R. Perigo, causing his death, and claims on account thereof the sum of $20,000. There was a jury trial, and a verdict and judgment for plaintiff for $5,000. The defendant appeals.

1Opinion of the CourtDay, J.

i. master and |>ioye“t:wafver of de£6CtThe evidence shows that the defendant erected a coal platform between two of its tracks at Winterset, and for convenience in unloading and taking on coal placed R so near one of the tracks that a passenger car moving along the track passed within seven inches of the platform at one end, and within four and one-half inches of it at the other end. At the time of the accident the platform had been erected, and in the same position, for two or three years. Tlie deceased was a baggageman on *277the defendant’s passenger train, and it was his duty to assist in…

2Cases cited2 opinions

  1. Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
  2. Greenleaf v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1871

3Cited by20 opinions

  1. Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
  2. G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
  3. Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
  4. Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
  5. Mayes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884

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