Marion v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Jefferson District Court. Action to recover for a personal injury. The plaintiff avers in his petition that he climbed upon one of the defendant’s freight ti’ains while in motion; that he did so without á ticket and without the consent of the company; that one of the defendant’s brakemen, in the course of his employment, negligently and willfully forced him from the train while in motion, and caused him to fall through a bridge, from which he received the injury…
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Appeal from Jefferson District Court. Action to recover for a personal injury. The plaintiff avers in his petition that he climbed upon one of the defendant’s freight ti’ains while in motion; that he did so without á ticket and without the consent of the company; that one of the defendant’s brakemen, in the course of his employment, negligently and willfully forced him from the train while in motion, and caused him to fall through a bridge, from which he received the injury complained of. The defendant for answer denied all the allegations of the petition not admitted, and did not admit that…
1Opinion of the CourtAdams, J.
There was evidence tending to show that the conductor was vested with the sole power to determine who should be allowed to ride upon the train and who should be removed therefrom. Upon this point the defendant asked the court to give an instruction in these words: “Acts done by an employe while engaged in the service of his employer *429are not necessarily done in tlie course of his employment as the term is used in law, and if an employe, while engaged in the service of his principal to perform a special service, goes beyond or outside the scope of his employment, and in doing so injures one- to…
2Cases cited3 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Moore v. SanborneMichigan Supreme Court · 1853
- Illinois Central Railroad v. DowneyIllinois Supreme Court · 1857
3Cited by25 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Alsever v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
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