Conners v. Burlington C. R. & N. R'y Co.
Supreme Court of Iowa
Appeal from, Cedar Rapids Superior Court. Plaintiff’s intestate was killed while in the employ of defendant as a brakeman on one of its trains, and this action was brought for the recovery of the damages sustained by his estate in consequence of his death. There was a general verdict for plaintiff for $2,000. There were also certain special findings.
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Appeal from, Cedar Rapids Superior Court. Plaintiff’s intestate was killed while in the employ of defendant as a brakeman on one of its trains, and this action was brought for the recovery of the damages sustained by his estate in consequence of his death. There was a general verdict for plaintiff for $2,000. There were also certain special findings. Defendant filed a motion for judgment on the special findings, on the alleged ground that they were manifestly inconsistent with the -general verdict, and that upon the facts found, it was entitled to judgment. The superior court sustained the…
1Opinion of the CourtReed, J.
It is alleged in the petition that the train on which the intestate was employed was thrown from the track as it approached the station of North wood, at a point where a switch or side track connects with the main track, and that he was killed in the wreck; also that there is a sharp curve in the track at that point. It is charged that the track was rendered dangerous by the curve and the connection of the switch at that point, and that the company was guilty of negligence in constructing and maintaining it in that condition; also, that the engine drawing the train was new and stiff, and…
2Cases cited4 opinions
- Sullivan v. Union Pac. R. Co.U.S. Circuit Court for the District of Nebraska · 1874
- Green v. Hudson River RailroadNew York Court of Appeals · 1866
- Player v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1883
- Lamb v. First Presbyterian SocietySupreme Court of Iowa · 1865
3Cited by23 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Anderson v. LintonCourt of Appeals for the Seventh Circuit · 1949
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Major v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
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