Hoben v. Burlington & Missouri River Railroad
Supreme Court of Iowa
Appeal from Henry District Court. The plaintiff was an employe of defendant, and as such engaged as laborer in working upon and making repairs to the defendant’s railroad track. The petition alleges that, on the night of the 26th day of October, 1864, as the plaintiff, with the other hands of defendant, was returning to Mt.
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Appeal from Henry District Court. The plaintiff was an employe of defendant, and as such engaged as laborer in working upon and making repairs to the defendant’s railroad track. The petition alleges that, on the night of the 26th day of October, 1864, as the plaintiff, with the other hands of defendant, was returning to Mt. Pleasant, from labor, on defendant’s road, in a handcar, after dark, the}' were run into by a train of cars, of defendant, impelled by a locomotive on defendant’s track; that said hand-car was thrown from the track and plaintiff was seriously injured. And the plaintiff…
1Opinion of the CourtCole, J.
i E* an?gations. im/ra.} The evidence introduced in this case is not brought up, but it is reasonably apparent from the bill of exceptions, and it was perhaps indirectly concedec^ by the counsel in argument, that the recovery ^as ag mu_Cli or more upon the want of care in the “ boss ” on the hand-car, as upon the carelessness in the management of the train.
It is not denied that the persons on the Band-car were the employés of the defendant; but although they were such employés and were guilty of the negligence causing the injury, he could not recover therefor under the statements of the…
2Cited by10 opinions
- Central Railroad v. MitchellSupreme Court of Georgia · 1879
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Brown v. BridgesSupreme Court of Iowa · 1870
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Gibson v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1899
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