McFall v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Mahaska District Gourt. — Hon. D. Ryan, Judge. Action to recover for personal injuries sustained by the plaintiff while -in the employment of the defendant as brakeman' on a freight (train, land while engaged in coupling oars, because of certain 'alleged negligence on the part of the defendant. The defendant answered, denying generally, and the cause was tried ■to a jury.
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Appeal from Mahaska District Gourt. — Hon. D. Ryan, Judge. Action to recover for personal injuries sustained by the plaintiff while -in the employment of the defendant as brakeman' on a freight (train, land while engaged in coupling oars, because of certain 'alleged negligence on the part of the defendant. The defendant answered, denying generally, and the cause was tried ■to a jury. At the 'Conclusion- of the evidence for the plaintiff, the defendant moved for a verdict, which motion was- sustained, and to which plaintiff excepted. Plaintiff 'appeals.
1Opinion of the CourtGiven, C. J.
I. Plaintiff was injured on the night of January 8, 1893, in the defendant's yard a't Keithsburg, 111.,, while engaged in coupling ears, by reason, as is alleged, of slipping on ice that had formed in 'the yard at that place. The negligence charged is‘as follows: “That in the yards of defendant at Keithsburg, in Hlinois, the defendant 'had a water 'tank near -the freight and passenger depot of defendant; 'that 'the defendant carelessly and negligently permitted said' tank to get ouit of repair, so- 'the water leaked from it (and ran over the tracks, .-there forming a sheet of slippery 'ice,…
2Cases cited1 opinion
- Meyer v. HouckSupreme Court of Iowa · 1892
3Cited by5 opinions
- Engen v. Rambler Copper & Platium Co.Wyoming Supreme Court · 1912
- McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
- Bach v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
- McFall v. Iowa Central Railway Co.Supreme Court of Iowa · 1897
- Hall v. Iowa Central Railway Co.Supreme Court of Iowa · 1900