Mumford v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Scott District Court.— IIon. J. W. Bollinger, Judge. Action at law to ¡recover damages for personal injuries received by plaintiff while acting as a brakeman on one of defendant’s trains. The alleged negligence consisted of defects in a side track or switch over which plaintiff was riding, rapid and unsafe speed of the train, and failure to provide a sufficient number of employes to assist in the work.
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Appeal from Scott District Court.— IIon. J. W. Bollinger, Judge. Action at law to ¡recover damages for personal injuries received by plaintiff while acting as a brakeman on one of defendant’s trains. The alleged negligence consisted of defects in a side track or switch over which plaintiff was riding, rapid and unsafe speed of the train, and failure to provide a sufficient number of employes to assist in the work. Defendant’s answer was a general denial, a plea of assumption ■of risk, and a contract bar of the right of action. On these issues the case went to trial to a jury, resulting in a…
1Opinion of the CourtDeemer, J.
I. Nor a reversal of the judgment defendant relies upon five propositions, three of them based upon instructions given and refused, and two upon questions of fact;-that is to say, that the verdict is without support, and that the trial court should have directed a verdict in defendant’s favor.
3. assumption of risk That the track over which the car upon which plaintiff was riding, and from which he claims he was thrown, was in a dangerous and defective condition, is so well established that defendant’s counsel in their opening argument make no quéstion as to defendant’s negligence. The…
2Cases cited14 opinions
- Lochner v. New YorkSupreme Court of the United States · 1905
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- McGahey v. VirginiaSupreme Court of the United States · 1890
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- State v. Fairmont Creamery Co.Supreme Court of Iowa · 1911
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Dart v. City of GulfportMississippi Supreme Court · 1927
- State v. WoithaSupreme Court of Iowa · 1939
3 more not listed; retrieve them via the Exa API.