Breen v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court — Hon. Clarence Nichols, Judge. Action for damages for personal injuries. Tbe plaintiff holds his cause of action by assignment from Miles Kelleher, the injured person. Kelleher was an engineer in the employment of the defendant. He was injured on September 29, 1908, while engaged in his duties as engineer, by the breaking of a side rod of the engine. There was a trial to a jury, and verdict and judgment for the plaintiff.
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Appeal from Marshall District Court — Hon. Clarence Nichols, Judge. Action for damages for personal injuries. Tbe plaintiff holds his cause of action by assignment from Miles Kelleher, the injured person. Kelleher was an engineer in the employment of the defendant. He was injured on September 29, 1908, while engaged in his duties as engineer, by the breaking of a side rod of the engine. There was a trial to a jury, and verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtEvans, J.
The general nature of the negligence charged was that the defendant furnished Kelleher an engine which was old and worn and in a bad state of repair. Lack of proper inspection was also charged. It was also averred that the wheels had become flattened, and that the side bar was worn and out of repair, and that such side bar received an extra strain because of the dilapidated condition of the engine in other respects; that he received serious and permanent injuries by reason of such accident, the principal one being the breaking of his knee-cap; that he was totally incapacitated from earning…
2Cases cited17 opinions
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Bailey v. City of CentervilleSupreme Court of Iowa · 1899
- Christopherson v. Chicago, Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1906
- Foster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Ingebretsen v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1915
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Arenson v. ButterworthSupreme Court of Iowa · 1952
- Woodworth v. Iowa Central Railway Co.Supreme Court of Iowa · 1914
6 more not listed; retrieve them via the Exa API.