Marion v. Chicago Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Keokuk District Qowrt. This is an action to recover damages for a personal injury, received by the plaintiff by being forcibly removed from a railroad train by a brakeman in the employ of the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
Rothrook, Oh. J.
*570i. kailMity for'tort in renufvFiig1 from train, *569I. It is averred in the petition that, as a freight train of the defendant was passing through the *570city of Fairfield, the plaintiff, without the consent ofthe company, and without a ticket, and. while the train was in motion, got upon the train by climbing upon the iron ladder upon the side of a box freight car.
“That after he had gotten upon said car, and before he had succeeded in climbing on top, the speed of the train increased, and it passed where it was dangerous to life and limb for him to leave it; and while in such…
2Cases cited4 opinions
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Cleveland v. NewsomMichigan Supreme Court · 1880
- De Camp v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- Fraser v. . FreemanNew York Court of Appeals · 1871
3Cited by13 opinions
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Browning v. GosnellSupreme Court of Iowa · 1894
- Thalhimer Bros. v. ShawSupreme Court of Virginia · 1931
8 more not listed; retrieve them via the Exa API.