Burns v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Clayton District Court. Action to recover damages for the loss of the services of the plaintiff’s minor son, who was killed, as the plaintiff claims, by a train on defendant’s railway. Trial by jury, judgment for the plaintiff, and the defendant appeals.
1Opinion of the CourtSeevers, J.
The plaintiff’s son was a brakeman on a freight train in the employ of the defendant. The defendant was moving a train, consisting of seventeen or eighteen freight cars, westward from McGregor towards Austin. There were three brakemen on the train. Strang was head, the deceased the middle, and Allen the rear, brakeman. There is on the.track a sag, then a rise or “hog’s back,” and then a down grade. When about one half of the train was on the “ hog’s back, ” it separated between the .fifth and sixth cars from the rear. About the time the sag was reached the plaintiff’s son and the rear…
2Cases cited8 opinions
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Gay v. WinterCalifornia Supreme Court · 1867
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Hopkinson v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Baker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1895
6 more not listed; retrieve them via the Exa API.