Lombard v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Polls Circuit Court. Action to recover for personal injuries. The plaintiff, a minor, was employed by the defendant in repairing its road 'bed. At the time of the accident the plaintiff was assisting in running a hand car. He ■ was one of several employes who had that day been repairing the road bed and were returning to dinner.
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Appeal from Polls Circuit Court. Action to recover for personal injuries. The plaintiff, a minor, was employed by the defendant in repairing its road 'bed. At the time of the accident the plaintiff was assisting in running a hand car. He ■ was one of several employes who had that day been repairing the road bed and were returning to dinner. They occupied three hand cars; the plaintiff was riding upon the foremost one; the accident occurred by the "second car overtaking the first car and running upon and against it, and throwing it partly from the track; the plaintiff was thrown off and his…
1Opinion of the Court
Adams, J.-
i. irstrucexphiinedhby another. I. The defendant assigns as error the giving of an instruction which is in these words: “4. If the jury find ft'0IU fbe evidence that the’ injury complained of was caxise(i by the negligence of the employes of the defendant, and that the injuries received by the plaintiff were caused thereby, and without the negligence of the plaintiff contributing to the same, then the plaintiff is entitled to recover.”
The defendant’s theory of the case is that the accident was caused by racing; that the men with whom the plaintiff was employed had been in the habit…
2Cited by10 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Ohio River R. v. BlakeWest Virginia Supreme Court · 1894
- Union Trust Co. v. ThomasonSupreme Court of Kansas · 1881
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