Eckerd v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Boone Circuit Court. Action for a personal injury. The plaintiff, Mrs. E. C. Eckerd, took passage on one of the defendant’s trains, and, when attempting to alight therefrom at the station at Ontario, fell, as she claims, and received an injury.
Read the full summary
Appeal from Boone Circuit Court. Action for a personal injury. The plaintiff, Mrs. E. C. Eckerd, took passage on one of the defendant’s trains, and, when attempting to alight therefrom at the station at Ontario, fell, as she claims, and received an injury. The negligence of the defendant, she alleges, consisted in not providing a safe, suitable and convenient place for passengers to alight, and in not causing the car in which she had been riding to be drawn up to the platform. There was a trial to a j ury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Adams, Ch. J.
The lowest of the car-steps appears to have been about three feet from the ground,-and was, so far as the evidence shows, of the ordinary height, and it had the usual railing at the side. The ground appears to have been in good condition. The platform of the station was long enough for the business of a small station like that at Ontario, but the car in which the plaintiff was riding, to-wit, the first behind the smoking car, did not quite reach the platform when the train was stopped. The plaintiff could have stepped directly upon the platform by walking through the car which…
2Cases cited1 opinion
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
3Cited by9 opinions
- Evansville & Terre Haute Railroad v. CristIndiana Supreme Court · 1889
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Chicago City Railway Co. v. CanevinAppellate Court of Illinois · 1897
- North Chicago Street Railroad v. CookIllinois Supreme Court · 1893
- Chicago, St. Louis & Pittsburgh Railroad v. ButlerIndiana Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.