Calloway v. Agar Packing Co.
Supreme Court of Iowa
Appeal from, Polk County District Court.— Hon. James A. Howe, Judge. Action at law by plaintiff, as administrator of the estate of George Calloway, deceased, to recover damages for the death of said George Calloway, caused, as alleged, by the negligence of defendant. At the close of the evidence for plaintiff there was a directed verdict for defendant, and plaintiff appeals.
1Opinion of the CourtBishop, J.
The motion to direct a verdict was based upon substantially these grounds: (1) There was no evidence of negligence on the part of defendant. (2) The evidence made it appear that plaintiff’s decedent was guilty of contributory negligence. (3) The evidence made it appear that there had been an assumption of the risk.
i. Master and XceAtoTworkevidence. I. The defendant operates a packing house in the city of Des Moines, and the plaintiff’s decedent, a boy 11 years of age, was in its employ. The negligence alleged on the part defendant was in not providing a safe place t° work. A careful reading…
2Cases cited4 opinions
- Stomne v. Hanford Produce Co.Supreme Court of Iowa · 1899
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1902
- Anderson v. Illinois Central RailroadSupreme Court of Iowa · 1899
- Nicholaus v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
3Cited by7 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1909
- Stephenson v. Sheffield Brick & Tile Co.Supreme Court of Iowa · 1911
- Warner v. SpaldingSupreme Court of Iowa · 1919
- Cinkovitch v. Thistle Coal Co.Supreme Court of Iowa · 1909
- Kock v. Clinton Chair Co.Supreme Court of Iowa · 1909
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