Carpenter v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court.— IIon. W. H. McHenry, Judge. ActioN by plaintiff, as administratrix of the estate of L. C. Carpenter, deceased, to recover damages for personal injury to her intestate, resulting in his death. The material facts respecting the accident are not involved in controversy. Tt appears that Carpenter, and one Sisley were engaged in filling with earth the west end of a bridge near the station of De Soto, on the line of the defendant’s railway.
Read the full summary
Appeal from Polk District Court.— IIon. W. H. McHenry, Judge. ActioN by plaintiff, as administratrix of the estate of L. C. Carpenter, deceased, to recover damages for personal injury to her intestate, resulting in his death. The material facts respecting the accident are not involved in controversy. Tt appears that Carpenter, and one Sisley were engaged in filling with earth the west end of a bridge near the station of De Soto, on the line of the defendant’s railway. The earth for the purpose was being obtained from the right of way adjacent to such bridge. The method of procedure was by…
1Opinion of the Court
Bishop, J.—
One ground of the motion to direct a verdict was that there was no proof of any negligence on the part of defendant which was the proximate cause of the accident and injury. The acts of negligence as charged in the petition may be summarized thus: Pirst, that the train in question was being run at a speed of more than sixty miles an hour, whereas the defendant, through its officers and agents, had promised and agreed to slow down all trains as they approached the bridge; second, that no warning by whistle or bell of the coming of the train was given to employes working at said…
2Cases cited1 opinion
- Willoughby v. Chicago & North-western R. R.Supreme Court of Iowa · 1873
3Cited by1 opinion
- Friedman v. City of Forest CitySupreme Court of Iowa · 1948