Legal Opinion

McCarthy v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided October 17, 1891PublishedCited by 2 opinions

Appeal from Cass District Court. — Hon. H. E. Deemer, Judge. Action for personal injuries. There was a verdict and judgment for the plaintiff, from which the defendant appeals.

1Opinion of the CourtGranger, J.

The plaintiff was a bridge builder and employe of the defendant company. In August, 1887, he was engaged in his capacity as bridge builder, on and about a pile driver used by the defendant company in the construction and repair of railway bridges. The pile driver for use was placed on a flat car, and by that means moved as the necessities for its use required. The pile driver was operated by a stationary engine on the same ear. The plaintiff’s duties were “to work upon the bridges; assist in putting on and taking off such timbers as were used on the cars, as they were being hauled from place…

2Cases cited5 opinions

  1. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
  2. Bothwell v. C., M. & St. P. R.Supreme Court of Iowa · 1882
  3. McKay v. ThoringtonSupreme Court of Iowa · 1863
  4. Lester v. SallackSupreme Court of Iowa · 1871
  5. Moore v. Burlington & Western R'y Co.Supreme Court of Iowa · 1887

3Cited by2 opinions

  1. Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
  2. Stewart Dry Goods Co. v. BooneCourt of Appeals of Kentucky · 1917

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