McDonnell v. Illinois Central Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. Gr. Thompson, Judge. Action at law to recover damages for the death of plaintiff’s intestate, due, .as is alleged, to the failure of defendant to properly or sufficiently light its roundhouse, to negligence in the construction of the house, in that the pits therein were placed in too close proximity to the door; and to failure to properly guard and protect the pit.
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Appeal from Linn District Court. — Hon. W. Gr. Thompson, Judge. Action at law to recover damages for the death of plaintiff’s intestate, due, .as is alleged, to the failure of defendant to properly or sufficiently light its roundhouse, to negligence in the construction of the house, in that the pits therein were placed in too close proximity to the door; and to failure to properly guard and protect the pit. The defendant filed a general denial, and pleaded contributory negligence. The case was tried to a jury, resulting in a verdict and judgment for defendant, and plaintiff appeals. —
1Opinion of the CourtDeemer, C. J.
1 — On and prior to- the ninth day of January, 1894, Henry M. McDonnell, -deceased, was- in the employ of the Burlington, Cedar Rapids & Northern Railway Company, at work in its-roundhouse in the city of Cedar Rap-ids. By an arrangement not necessary to be more specifically stated, men in the employ of this company were subject to the call of the Illinois Central Railroad Company for work in its roundhouse. On the night in question, McDonnell and one Drahos were sent by the foreman of the “Burlington” roundhouse to the roundhouse of the Illinois Central Railroad Company, to do some work upon…
2Cited by6 opinions
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- Johnson v. MauNorth Dakota Supreme Court · 1931
- Whitson v. American Bridge Co.Court of Appeals of Kentucky · 1914
- Laub v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1915
- Seyford v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913
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