Lumley v. Caswell
Supreme Court of Iowa
Appeal from Boone District Gou/rt. Action to recover for personal injuries. The plaintiff, while employed by the defendant in running a steam engine was injured by the explosion of the boiler. He avers that the boiler and pumps connected therewith were defective and that the defendant was guilty of negligence in using such boiler and pumps.
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Appeal from Boone District Gou/rt. Action to recover for personal injuries. The plaintiff, while employed by the defendant in running a steam engine was injured by the explosion of the boiler. He avers that the boiler and pumps connected therewith were defective and that the defendant was guilty of negligence in using such boiler and pumps. The defendant denies all negligence upon his part, and avers that the plaintiff had full knowledge of the condition of the boiler and pumps, and that the explosion, was caused by the plaintiff’s negligence. Other facts are stated in the opinion. Judgment…
1Opinion of the CourtAdams, J.
There was evidence tending to show that the plaintiff at the time of the explosion had knowledge of the defective condition of the boiler and pumps. One Pugsley testified that a short time after the explosion the plaintiff’ told him that he had condemned the boiler before it exploded. The plaintiff himself testified that the cold water pump was old; that at times it would pump enough to supply the boiler and *160more times it did not. He also said: “I was free at all times to examine and know the condition of these pumps and had the privilege of doing so. I never looked at them. I had no interest…
2Cases cited1 opinion
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
3Cited by6 opinions
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- McQueen v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1883
- Stoutenburgh v. DowSupreme Court of Iowa · 1891
- Correll v. Williams & Hunting Co.Supreme Court of Iowa · 1916
1 more not listed; retrieve them via the Exa API.