Legal Opinion

McMarshall v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided June 5, 1890PublishedCited by 21 opinions

Appeal from, Lee District Court. — Hon. J. M. Casey, Judge. Action to recover for personal injuries received by plaintiff’s intestate, resulting in his death, while in the employment of defendant in the operation of its railroad. The injuries were caused by the negligence of defendant’s employes. There was a judgment upon a verdict for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

— I. Plaintiff’s intestate, A. L. Kern, was in his lifetime in the employment of the St. Louis, Keokuk and Northwestern Railroad Company as a train conductor. He was in charge of a train engaged in moving ice from the canal above the defendant’s railway station at Keokuk to an icehouse below. At the time of the accident he detached the engine from the cars in his train, and coupled it “head on” to some boxcars. The defendant had a track a few paces south of the track of the St. Louis, Keokuk and Northwestern railroad, upon which the intestate stepped for the purpose of giving or receiving…

2Cited by21 opinions

  1. Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  2. Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
  3. Selensky v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1903
  4. Missouri Pacific Railway Co. v. BentleySupreme Court of Kansas · 1907
  5. Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1913

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