Jeffrey v. K. & D. M. R. Co.
Supreme Court of Iowa
Appeal from Van Bwren Circuit Gowrt. Action to recover for personal injuries received by the plaintiff while an employe of the defendant in operating its road. At the time of the accident the plaintiff was riding upon a construction train consisting of several flat cars and a caboose, the latter being the rear car. The train was near a station, where it was to be allowed to remain until the next day.
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Appeal from Van Bwren Circuit Gowrt. Action to recover for personal injuries received by the plaintiff while an employe of the defendant in operating its road. At the time of the accident the plaintiff was riding upon a construction train consisting of several flat cars and a caboose, the latter being the rear car. The train was near a station, where it was to be allowed to remain until the next day. The caboose was to be put upon a side track upon one side of the main track, and the rest of the train upon a side track upon the other side. The caboose was cut off while the train was in…
1Opinion of the CourtAdams, J.
1. railroads : evidence: rule of company, — The plaintiff was allowed to introduce in evidence, against the objection of the defendant, a rule of the company adopted for the government of its employes, prohibiting flying or running switches. ’ It is insisted that the rule was irrelevant and immaterial, because it appears from the evidence that no such switch was made or attempted.
The rule certainly was inadmissible, unless there was evidence tending to show that it was violated, and that the accident occurred by reason of the acts by which it was violated. The only object of introducing the…
2Cited by9 opinions
- Larson v. American Bridge Co.Washington Supreme Court · 1905
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Christy v. Des Moines City Railway Co.Supreme Court of Iowa · 1905
- Peck v. HutchinsonSupreme Court of Iowa · 1893
- Heath v. Whitebreast Coal & Mining Co.Supreme Court of Iowa · 1885
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