Campbell v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Guthrie District Court. : The plaintiff’s intestate, Her Husband, Michael Campbell, was in the employ of the defendant as a section Hand on its railroad, and while so in its employ was fatally injured by being run over by a Hand car.
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Appeal from Guthrie District Court. : The plaintiff’s intestate, Her Husband, Michael Campbell, was in the employ of the defendant as a section Hand on its railroad, and while so in its employ was fatally injured by being run over by a Hand car. The accident occurred in the following manner: The Hand car was moving eastward under the direction of the section boss; the deceased and three or four others were riding on it for the purpose of inspecting tlie road;, the passenger train from the east was past due; the approacb of the passenger train was discovered when about forty or fifty rods…
1Opinion of the Court
Adams, J. —
1. evidence: •raUTOads.ty' I. The plaintiff testified that she paid the funeral expenses of her husband. She was then asked by her counsel the following question: “Did any one offer-to pay them, and if'so, who? "Was it any one on the part of the' railroad company?” This,question was objected to as immaterial, and the objection overruled; and she answered that Mr. Cox, the road master, offered to pay the funeral expenses.
In admitting this testimony we think that the District Court erred. We can conceive of no reason why it was introduced except as an admission on the part of the…
2Cases cited1 opinion
- Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
3Cited by4 opinions
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Couch v. Watson Coal Co.Supreme Court of Iowa · 1877
- State v. CordaroSupreme Court of Iowa · 1930
- Harrigan v. Interurban Railway Co.Supreme Court of Iowa · 1914