Legal Opinion

Johnson v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided May 15, 1913PublishedCited by 2 opinions

Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. Action for personal injuries by reason of the alleged negligence of a brakeman. There was a demurrer to the petition which was sustained, and the plaintiff appeals.—

1Opinion of the CourtEvans, J.

— The petition is lacking in directness of allegation and much is left therein to mere inference. Considering it, however, in the light of the arguments, the case presented is in brief as follows: 'The plaintiff lived near by the defendant’s right of way. She was the friend of one of the defendant’s brakemen. While upon a passing *739train, he undertook to deliver to her a personal note from .himself. He attached it to a torpedo for the purpose of weight and threw the same to the ground near the edge of .the right of way near the plaintiff’s home. It is alleged also that prior to such time he had…

2Cases cited9 opinions

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
  2. Collins v. Chartiers V. Gas Co.Supreme Court of Pennsylvania · 1890
  3. Alsever v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
  4. Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
  5. Marion v. C., R. I. & P. R.Supreme Court of Iowa · 1882

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3Cited by2 opinions

  1. Crum v. WalkerSupreme Court of Iowa · 1950
  2. Loyd v. HerringtonCourt of Appeals of Texas · 1944

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