Brown v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Washington Circuit Court. Plaintiff’s intestate, while in defendant’s employ as a fireman on one of its engines, was killed, hy being knocked from the engine by a bank of snow near the track and run over by the train. This action is prosecuted by plaintiff to recover the damages to the estate caused by his death. There was a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtReed, J.
i. railroads: by'empioyes: snowbanks.111 I. The accident in which decedent lost his life occurred on the night of the sixteenth of February, 1881. He had been in defendant’s employ about eighteen months. The engine on which he was employed was ordinarily used in the yard at Washington, *653but was occasionally sent out on tbe road as an extra. A few days before the accident a snow storm had prevailed along the line of defendant’s road, which blockaded the track to such extent as to prevent the running of trains. On the morning of the 15th, the engine on which Brown was employed was sent out from…
2Cases cited1 opinion
- Dowell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1883
3Cited by17 opinions
- Richmond & Danville Railroad v. ElliottSupreme Court of the United States · 1893
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Richmond & Danville Railroad v. AllisonSupreme Court of Georgia · 1890
- Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hively v. Webster CountySupreme Court of Iowa · 1902
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