Galloway v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. E. L. Burton, Judge. Action to recover for personal injuries received by the plaintiff by jumping from one of the defendant’s passenger trains while in motion, because, as is alleged, •of his being willfully and negligently urged and compelled by the defendant’s brakeman to do so. The defendant answered, denying every allegation in the petition.
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Appeal from Appanoose District Court. — Hon. E. L. Burton, Judge. Action to recover for personal injuries received by the plaintiff by jumping from one of the defendant’s passenger trains while in motion, because, as is alleged, •of his being willfully and negligently urged and compelled by the defendant’s brakeman to do so. The defendant answered, denying every allegation in the petition. The case was tried to a jury, and a verdict for the-plaintiff and answers to certain interrogatories returned. Judgment was entered on the verdict. The defendant appeals. —
1Opinion of the CourtGiven, J.
' injury in jumping from train: ev&enoece: — I. The appellant contends that the evidence fails to show negligence on the park of the defendant and that it does show negligence On the part OÍ the plaintiff, directly coil- ....... . tnbutmg to the injury complained of. These inquiries involve a careful consideration of the petition as to the negligence charged, and of the évidence relied upon to support that charge. The following facts, about which there is no dispute, will enable us to better understand the evidence as to negligence.
There is no question but that on the morning of October 14,…
2Cases cited4 opinions
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- Vimont v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1887
- Lindsey v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Herman v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1890
3Cited by15 opinions
- Clerc v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1901
- Hart v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1899
- Holden v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- Houston City Street Railway Co. v. MedlenkaCourt of Appeals of Texas · 1897
- So. Ry. Co. v. PattersonSupreme Court of Alabama · 1906
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