Canon v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Palo Alto District Court. — Hon. W. B. Quarton, Judge. 1 Plaintiff’s intestate, when killed, was in the service of the defendant company at the city of Perry, Iowa, as a car inspector. At said city the defendant has located somewhat extensive yards, having numerous tracks, and it is also a freight division station.
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Appeal from Palo Alto District Court. — Hon. W. B. Quarton, Judge. 1 Plaintiff’s intestate, when killed, was in the service of the defendant company at the city of Perry, Iowa, as a car inspector. At said city the defendant has located somewhat extensive yards, having numerous tracks, and it is also a freight division station. Prom the pleadings and evidence it appears that the duty of the deceased was, on the arrival of a train, to go along the side of the same, and to go under the cars, and in between the cars and examine and inspect the same, for the purpose of discovering defects in said…
1Opinion of the Court
Kinne, C- J.
2 *6183 *616I. The controlling question in the case is, whether the employment of plaintiff’s intestate wa.s such as to bring him within the provisions of Code, section 1307. That section provides, that “every corporation operating a railway shall be liable for all damages sustained by any person, including employes of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employes of the corporation, and in consequence of the wilful wrongs, whether of commission or omission of such agents, engineers or other employes, when such wrongs…
2Cases cited6 opinions
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
- Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Haden v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1894
- Haden v. Sioux City & Pacific RailroadSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Whyte v. Idora Park Co.California Court of Appeal · 1916
- McComb v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1930
- Cahill v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1909
- Hughes v. Iowa Central Railway Co.Supreme Court of Iowa · 1905
4 more not listed; retrieve them via the Exa API.