Jessup v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. N. B. Hyatt, Judge. The petition charges that the plaintiff, while in defendant’s employ as a brakeman, and in the discharge of his duties, was run oyer by the defendant’s cars, and his leg so injured that it had to be amputated; that said injury was caused by the carelessness and negligence of defendant’s servants, and that the plaintiff was not guilty of negligence which contributed thereto; that thereafter the defendant made an…
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Appeal from Hamilton District Court. — Hon. N. B. Hyatt, Judge. The petition charges that the plaintiff, while in defendant’s employ as a brakeman, and in the discharge of his duties, was run oyer by the defendant’s cars, and his leg so injured that it had to be amputated; that said injury was caused by the carelessness and negligence of defendant’s servants, and that the plaintiff was not guilty of negligence which contributed thereto; that thereafter the defendant made an oral agreement of settlement with plaintiff, wherein defendant promised and agreed orally to give plaintiff four hundred…
1Opinion of the CourtKinne, J.
I. This is the second appeal in this case. See 82 Iowa, 243 (48 N. W. Rep. 77). While the motions which were sustained by the district court embraced many distinct grounds, we think they may all be disposed of by the determination of one question, which is of controlling importance in the case. It is to be remembered that this is not an action to recover fora personal injury; nor is it an action to set aside a contract of settlement made, and to restore the plaintiff to his original rights, because of fraud practiced upon him, which induced a settlement; nor is it sought to reform the…
2Cases cited1 opinion
- Jessup v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
3Cited by10 opinions
- Milich v. Armour Packing Co.Supreme Court of Kansas · 1899
- In Re Estate of SimplotSupreme Court of Iowa · 1931
- Rhinehart v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1916
- Huntington v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1909
- Witthauer v. WheelerSupreme Court of Iowa · 1914
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