King v. Chicago, Rock Island & Pacific Railway Co.

I. About August 2,1918, the plaintiff was engaged in cutting weeds on the defendant’s right of way in the vicinity of the Iowa City Canning Company’s Works. This was being done with a team and mower owned by him. The company, through its foreman, Wachs, had employed one Norval Letts, then 17 years of age, to keep a lookout for defendant’s trains. About 4:30 o’clock in the afternoon, while plaintiff was operating his mower, one of defendant’s passenger trains approached from the east, at a speed of from 36 to 40 miles an hour, and, as is alleged, negligently omitted to give any signal or…