Searcy v. Martin Woods Co.
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. C. M. Waterman, Judge. Plaintiff, a minor, prosecutes this action by Ms nest friend to recover of defendant, a corporation, damages for personal injuries sustained by plaintiff because of alleged negligence of one of defendant’s employes while, in the line of Ms employment. Defendant answers denying the alleged negligence. The- case was tried to a jury, and verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the Court
Given, G. J.
-I. Appellant’s first contention is that the court erred in certain of the instructions given. The following is a sufficient statement of the facts and pleadings for an Understanding of the questions presented : On July 9, 1892, plaintiff, then a little over five years of age, lived with and in the care of his parents, near the yards of the Chicago, Pock Island & Pacific Railway Company in Davenport. On that and prior days the defendant corporation, carrying on the fruit business, was engaged, through its employes,'- in loading bananas, from cars standing on the ground of said…
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