Bennett v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Iowa
Appeal from Lee District Court. — Henry Bane, Jr., Judge. Action for damages under the Federal Employers’ Liability Act, instituted by Margaret Bennett, as administratrix of the estate of Frank M. Bennett, deceased, against the Atchi-son, Topeka & Sante Fe Railway Company, predicated on the negligence of defendant railway company, causing the death of the said Frank M. Bennett, who, at the time of his death, was. in the employ of the railway company as trackwalker.
Read the full summary
Appeal from Lee District Court. — Henry Bane, Jr., Judge. Action for damages under the Federal Employers’ Liability Act, instituted by Margaret Bennett, as administratrix of the estate of Frank M. Bennett, deceased, against the Atchi-son, Topeka & Sante Fe Railway Company, predicated on the negligence of defendant railway company, causing the death of the said Frank M. Bennett, who, at the time of his death, was. in the employ of the railway company as trackwalker. The opinion states the facts. Verdict of jury, finding for the plaintiff in the sum of $5,000, and judgment entered accordingly.…
1Opinion of the CourtDe Graee, J.
1. Railroads: negligence: duty to trackwalker. On the 12th of July, 1915, Frank M. Bennett, an employee of the defendant railway company, met his death while in the performance of his duties as a railroad track repairer and trackwalker, near the town of New . Boston, Lee Comity, Iowa. The section ox track over Bennett had jurisdiction for inspection purposes was four miles long, and started at New Boston. It was his duty to see that there were no broken rails and no bolts loose, and that the tracks were otherwise safe for railroad traffic. He had walked this section, in the performance of his…
2Cases cited28 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Orr v. Des Moines Electric Light Co.Supreme Court of Iowa · 1928
- Hall v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1924
- Girl v. United States Railroad AdministrationSupreme Court of Iowa · 1922
- Stanoshek v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1924
- Payne v. KnappSupreme Court of Iowa · 1923
3 more not listed; retrieve them via the Exa API.