Stockwell v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolfe, J udge. Action to recover for personal injuries sustained by plaintiff while in the employment of the defendant as a locomotive fireman, because of certain alleged acts of negligence on tbe part of tbe defendant.
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Appeal from Clinton District Court. — Hon. P. B. Wolfe, J udge. Action to recover for personal injuries sustained by plaintiff while in the employment of the defendant as a locomotive fireman, because of certain alleged acts of negligence on tbe part of tbe defendant. Tbe defendant answered, denying generally, and alleging tbat the conditions complained of were known to tbe plaintiff; tbat be continued in service without complaining thereof, and thereby assumed tbe risk, and waived tbe right to complain of injuries tbat might be caused thereby. At tbe close of tbe evidence, tbe court, on…
1Opinion of the CourtGiven, J.
1 I. There is no dispute as to tbe facts, and they are substantially as follows: On and for a long time prior to July 13, 1892, tbe plaintiff was employed by-the defendant as a locomotive fireman, and on tbat day, and for some time previous, be was firing engine No. 749, Mr. Yule being tbe engineer. On tbe morning of tbe thirteenth they started east from Belle Plaine for Clinton, tbe engine drawing a train of freight cars. This engine was equipped with an automatic lubricator, attached to tbe end of the boiler in tbe cab, so arranged tbat, when open to tbe pressure of tbe steam and water,…
2Cases cited1 opinion
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
3Cited by4 opinions
- Chesnut v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1936
- Forney v. J. C. Mardis Co.Supreme Court of Iowa · 1912
- Crane v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1904
- Conboy v. CrofootSupreme Court of Kansas · 1964