Coles v. Union Terminal Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. G. W.. Wakefield, Judge. Action at law to recover damages for a personal injury. At the time of the accident, plaintiff was a switch-man employed in the yards of the defendant company at Sioux City, and had been thus employed for about a week..
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Appeal from Woodbury District Court.— Hon. G. W.. Wakefield, Judge. Action at law to recover damages for a personal injury. At the time of the accident, plaintiff was a switch-man employed in the yards of the defendant company at Sioux City, and had been thus employed for about a week.. The switching crew, of which plaintiff formed a part, consisted of a foreman, the enginemen,- a head switchman, who* remained with the engine, and a fieldman, plaintiff filling-the latter position. The switch tracks of the defendant company extend to the plant of the Armour Packing Company on the outskirts of…
1Opinion of the CourtBishop, J.
*501. Negligence: cáse!° *49No question is made concerning the fact *50of the accident, or as to the character and extent of the injuries sustained by plaintiff. So too, it is conceded, in effect, that proof of the overhead structure placed so low over the tracks as to endanger the safety of brakemen or switchmen riding on top of cars in the performance of their duties was sufficient to make out, prima facie, a case of negligence on the part of the defendant company. And such is in accord with the rule of the cases. Keist v. Railway, 110 Iowa, 32; Railway v. Johnson, 116 Ill. 206 (4 N. E. Rep. 381);…
2Cases cited16 opinions
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
- Chicago & Alton Railroad v. JohnsonIllinois Supreme Court · 1886
- Mayes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Stomne v. Hanford Produce Co.Supreme Court of Iowa · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Collingwood v. Illinois & Iowa Fuel Co.Supreme Court of Iowa · 1904
- Brooks v. W. T. Joyce Co.Supreme Court of Iowa · 1905
4 more not listed; retrieve them via the Exa API.