Neal v. Sheffield Brick & Tile Co.
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. Chas. E. Albrook, Judge. Action to recover damages accruing to the estate of Burdette W. Neal as the result of his death alleged to have been occasioned by the negligence of the defendant while deceased in defendant’s employ was working in a clay pit. There was a verdict for the plaintiff, and from judgment on such verdict the defendant appeals.-
1Opinion of the CourtMcClain, J.
The deceased, with other employees of the defendant, was engaged in removing clay from defendant’s clay pits, under the direction of one Frances as foreman. Frances had charge of the work of loosening the clay by blasting with charges of dynamite and on him rested the duty of giving warning to the employees when a blast was to be fired so that they might seek places of safety. The evidence tended to show that, just before the firing, of the blast which resulted in the death of the deceased, Frances gave the usual warning, and the employees, including deceased, retreated to the usual distance…
2Cases cited6 opinions
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Lowe v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1893
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Hendrickson v. United States Gypsum Co.Supreme Court of Iowa · 1907
- Galloway v. J. W. Turner Improvement Co.Supreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Estate of John TelsrowSupreme Court of Iowa · 1946
- Diesing v. SpencerSupreme Court of Iowa · 1936
- Nicoll v. SweetSupreme Court of Iowa · 1913