Thoman v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. John R.. Caldwell, Judge. Plaintiee states as Ms cause of action that while-in the employment of the defendant as a switchman in its yards at Tama City, he was ordered by his foreman, the yardm aster, Montgomery, to go out on a train of cars as a brakeman; that, in obedience thereto,, he went on said train, the same being loaded with ties for distribution along the track, and that, about-two miles out, the employees commenced…
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Appeal from Tama District Court. — Hon. John R.. Caldwell, Judge. Plaintiee states as Ms cause of action that while-in the employment of the defendant as a switchman in its yards at Tama City, he was ordered by his foreman, the yardm aster, Montgomery, to go out on a train of cars as a brakeman; that, in obedience thereto,, he went on said train, the same being loaded with ties for distribution along the track, and that, about-two miles out, the employees commenced unloading-said ties; that, while so engaged, said foreman, then in charge of said train, ordered plaintiff to proceed from the…
1Opinion of the CourtGiven, J.
*1991 *197I. Appellant presents among other grounds for reversal, the claim that, by the uncontroverted evidence, the plaintiff is shown to have been guilty of such contributory negligence as defeats his right to recover. There is no material conflict in the evidence as to how the accident occurred, and the facts shown are substantially as follows: Plaintiff was in the employ of the defendant as a switchman in its yards at Tama City, performing his duties under the direction of Mr. Montgomery, the yardmaster. On the day the plaintiff was injured, he, in obedience to the order of Mr. Montgomery, went…
2Cited by6 opinions
- Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Cary-Platt v. Iowa Electric Co.Supreme Court of Iowa · 1929
- Shawyer v. ChamberlainSupreme Court of Iowa · 1900
- Dobson v. John Clemens & Co.Supreme Court of Iowa · 1922
- Le Mars Building & Loan Ass'n v. BurgessSupreme Court of Iowa · 1906
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