Eighmy v. Union Pacific Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — HoN. A. B. Thornell, Judge. Action at law to recover for personal injuries sustained by tire plaintiff, and alleged to have been caused by the negligence of the defendant There was a trial by jury, and a verdict for the plaintiff. Motions in arrest of judgment, for judgment in favor of the defendant on the first count of the petition, and for a new trial were filed by the defendant and overruled, and it appeal s.-
1Opinion of the CourtRobinson, J.
At the time the injuries in question were received by the plaintiff, he was in the employ of the defendant as brakeman on a freight train. On the eleventh day of April, 1888,.the train with which he was employed was moved' from the yards in Council Bluffs, over the bridge, to the yards in Omaha. As the train was made up, the locomotive engine was at the front or west end, the way car or caboose was next to it, and in the rear of that were thirty-four freight cars. The plaintiff was on the top of the rear car. Just after the *539engine jiassed over the bridge, the train was stopped, most of it…
2Cases cited1 opinion
- West v. PlattMassachusetts Supreme Judicial Court · 1876
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- Hill v. Tualatin AcademyOregon Supreme Court · 1912
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