Nelson v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from, Scott District Court — ITon. A. J. Leeeingwell, Judge. The plaintiff brought this action to recover damages for a personal injury which he alleges he sustained by reason of the negligence of a co-employe while engaged in operating a ditching-machine upon a moving train of cars. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
1. RAILROADS: “lojíTonem" chUm'i'^use" tion"Pofrraiir0dd‘ I. At the close of the evidence, the defendant presented a motion that the jury be instructed to return a verdict for the defendant. The motion was as “First. The undisputed evideuce shows that plaintiff was at the time of his injurj- working on a ditching-machine constructed on a ñat car, being struck by a crank which was made to revolve by the lowering of the bucket, which result was produced by the weight of the bucket alone; and that said accident or injury was not in any manner due to the neglect of any of defendant’s agents, or…
2Cited by10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Jemming v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1910
- Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
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