Winn v. Town of Anthon
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. David Mould, Judge. Action by an administratrix for damages for alleged negligence resulting in the death of Lester Winn. The plaintiff alleged that the decedent was an employee of the defendant and engaged in operating an engine in the waterworks plant of the defendant. The answer pleaded a general denial, contributory negligence, and assumption of risk.
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Appeal from Woodbury District Court. — Hon. David Mould, Judge. Action by an administratrix for damages for alleged negligence resulting in the death of Lester Winn. The plaintiff alleged that the decedent was an employee of the defendant and engaged in operating an engine in the waterworks plant of the defendant. The answer pleaded a general denial, contributory negligence, and assumption of risk. There was a verdict for the plaintiff for $20,000. Upon motion for new trial the trial court gave to the plaintiff the election to accept judgment for $8,000 and judgment was entered accordingly.…
1Opinion of the Court
Evans, J.:The petition alleged that the defendant is and was an incorporated town and that it owned and operated a waterworks system, the power being produced by the use of a gasoline engine; that the decedent was employed to operate *702the gasoline engine; that his employment began about the first of July, 1912, and continued until the time of his death January 27, 1913; that the decedent was killed while engaged in the duties of his employment. Two specifications of negligence were pleaded: (1) that certain set screws were used upon the shafting which connected the engine and pump and that…
2Cases cited8 opinions
- Aga v. HarbachSupreme Court of Iowa · 1905
- Poli v. Numa Block Coal Co.Supreme Court of Iowa · 1910
- Stephenson v. Sheffield Brick & Tile Co.Supreme Court of Iowa · 1911
- Verlin v. United States Gypsum Co.Supreme Court of Iowa · 1912
- Kimmerle v. Dubuque Altar Manufacturing Co.Supreme Court of Iowa · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Correll v. Williams & Hunting Co.Supreme Court of Iowa · 1916