Allison v. C. & N. W. R. Co.
Supreme Court of Iowa
Appeal from Greene Circuit Court. In the first count of the petition plaintiff alleges that on the 30th day of September, 1870, he went upon the defendant’s cars at Grand Junction to go to Moingona; that the conductor informed him the train did not stop at that place, but agreed that he would check the speed of the train at Moingona so that plaintiff could safely get off, and that plaintiff relied upon this promise and leaped from the train and was injured; that the…
Read the full summary
Appeal from Greene Circuit Court. In the first count of the petition plaintiff alleges that on the 30th day of September, 1870, he went upon the defendant’s cars at Grand Junction to go to Moingona; that the conductor informed him the train did not stop at that place, but agreed that he would check the speed of the train at Moingona so that plaintiff could safely get off, and that plaintiff relied upon this promise and leaped from the train and was injured; that the conductor failed to check the speed, and that plaintiff did not know the rate of speed at which the train was running when it…
1Opinion of the CourtDay, J.
I. The evidence established that the muscles of plaintiff’s right arm and shoulder were wasted and shrunken. The theory of the defense was that the injury was simulated, and that the appearance of the arm and shoulder was the result of long continued disuse. The plaintiff at the suggestion of the physicians visited Dr. Andrews of Chicago, and was examined by him.
*277Against the objection of defendant, plaintiff was permitted to testify as follows:
“ The doctor prescribed that I should keep the weight of my arm off of my shoulder as much as possible; that I should give it rest. And he prescribed a…
2Cases cited3 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Boggs v. Chicago & Northwestern RailroadSupreme Court of Iowa · 1870
3Cited by27 opinions
- Burnes v. ScottSupreme Court of the United States · 1886
- Dunham v. Village of CanisteoNew York Court of Appeals · 1952
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
- Bent v. PriestSupreme Court of Missouri · 1885
22 more not listed; retrieve them via the Exa API.