Legal Opinion

Youll v. Sioux City & Pacific Railway Co.

Supreme Court of Iowa

Decided June 5, 1885PublishedCited by 5 opinions

Appeal from Oherohee Circuit Cou/rt. The petition states that the “ plaintiff was employed by the defendant as a brakeman, * * * he being a minor, young ¿and inexperienced in the dangers incident to the operation of railroad trains, and being only seventeen years of age,” and while in such employment as brakeman on a freight train he was ordered by the conductor, * * * whose orders defendant required him to obey, “ to assist in making a flying switch, and to watch the…

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Appeal from Oherohee Circuit Cou/rt. The petition states that the “ plaintiff was employed by the defendant as a brakeman, * * * he being a minor, young ¿and inexperienced in the dangers incident to the operation of railroad trains, and being only seventeen years of age,” and while in such employment as brakeman on a freight train he was ordered by the conductor, * * * whose orders defendant required him to obey, “ to assist in making a flying switch, and to watch the uncoupling of the cars while he was on the top of the train, and to stand on the rear end of the car, the last one forward of…

1Opinion of the CourtSeevers, J.

directing verdiet of jury: admissions of I. When the motion was filed asking .the court to direct the j ury to find for the defendant, the plaintiff asked that the defendant be required by the court to admit of record all the facts that the evidence tended to prove. This was denied by the court, and it is said that in so doing the court erred to the prejudice of the plaintiff. This question was considered and determined in Stone v. Chicago & N. W. R. Co., 47 Iowa, 90. See, also, Starry v. Dubuque & S. W. R. Co., 51 Iowa, 419; Bothwell v. Chicago, M. & St. P. R. Co., 59 Id., 192; Gilman v.…

2Cases cited9 opinions

  1. Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
  2. Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
  3. Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  4. Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
  5. McGinnis v. Canada Southern Bridge Co.Michigan Supreme Court · 1882

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Norfolk & Western Railway Co. v. Bondurant's AdministratorSupreme Court of Virginia · 1907
  2. Chicago, Burlington & Quincy Railroad v. HowardNebraska Supreme Court · 1895
  3. Griffin v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  4. Carr v. St. Clair Tunnel Co.Michigan Supreme Court · 1902
  5. Oien v. The Antonio ZambranaDistrict Court, E.D. New York · 1898

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