Legal Opinion

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

Supreme Court of Iowa

Decided January 17, 1895PublishedCited by 13 opinions

Appeal from Wapello District Court. — Hon.E. L. Burton, Judge. Action for personal injuries on defendant’s road. There was a verdict and judgment for the defendant, and the plaintiff appealed.

1Opinion of the CourtGranger, J.

Plaintiff’s intestate was a minor, some nineteen years of age, in the employ of defendant company as a brakeman on freight trains. At Ottumwa, Iowa, January 4, 1890, while attempting to *237uncouple two freight cars, be fell, and was run oyer and killed. The negligence charged against the company is in the construction of its roadbed. The place where plaintiff’s intestate was killed was at a switch, and the particular complaint is as to the construction of the switch in not filling in between the ties or under the switch bars, and that the switch bars were nor placed between the ties at equal…

2Cases cited5 opinions

  1. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  2. Kelly v. Southern Minnesota Railway Co.Supreme Court of Minnesota · 1881
  3. Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
  4. Cooper v. Central RailroadSupreme Court of Iowa · 1876
  5. Hosic v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888

3Cited by13 opinions

  1. Lasell v. Tri-States Theatre Corp.Supreme Court of Iowa · 1943
  2. Hannah v. Mallinckrodt, Inc.Supreme Court of Missouri · 1982
  3. Shields v. W. R. Grace & Co.Oregon Supreme Court · 1919
  4. Rice v. Van WhySupreme Court of Colorado · 1910
  5. Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1906

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