Vary v. B., C. R. & M. R. Co.
Supreme Court of Iowa
Appeal from Linn District Court. This plaintiff in bis petition states that tlie defendant is a corporation under tlie laws of Iowa, engaged in tlie business of a common carrier of freight and passengers along its line of railroad, through Linn county, Iowa; that “ on a day in 1872, the plaintiff was in the employment of the Chicago & Northwestern Railway Company as a switchman, at Cedar Rapids, Iowa, and it became his duty as such to switch and couple and uncouple all the…
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Appeal from Linn District Court. This plaintiff in bis petition states that tlie defendant is a corporation under tlie laws of Iowa, engaged in tlie business of a common carrier of freight and passengers along its line of railroad, through Linn county, Iowa; that “ on a day in 1872, the plaintiff was in the employment of the Chicago & Northwestern Railway Company as a switchman, at Cedar Rapids, Iowa, and it became his duty as such to switch and couple and uncouple all the cars of both the Chicago & Northwestern Railway Company, and the defendant, The B., C. R. & M. R. Co., in the freight…
1Opinion of the Court
Miller, Ch. J.
We do not deem it necessary to discuss and decide the question whether it is essential to the right of the plaintiff to recover for personal injuries caused to him through the negligence of a railroad company, that the relation of master and servant should exist, since, as we under*249stand the allegations of the petition in this case, this relation is shown to have existed. The effect of these averments is, that by virtue of an arrangement or agreement between the plaintiff and the two railroad companies named, it was the duty of plaintiff to switch and couple and uncouple the cars…
2Cited by18 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Brown v. KellySupreme Court of Georgia · 1890
- G., C. & S. F. R'y Co. v. DorseyTexas Supreme Court · 1886
- Missouri, K. & T. Ry. Co. v. WestSupreme Court of Oklahoma · 1913
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