Whalen v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from, Louisa District Court. — Hon. J. K. Johnson, Judge. Plaintiff was a brakeman in tke employ of the-defendant, and brought this action to recover damages for an injury received because of the negligence of the-defendant when he was attempting to make a coupling. Trial by jury, verdict for the plaintiff, and judgment-The defendant appeals.
1Opinion of the CourtSeevers, C. J.
— The ground of negligence stated in the substituted petition upon which the plaintiff bases his right to recover is “the gross carelessness of the person who was in charge of the engine, and the brakeman who was on top of the car ; that, as the cars were being backed up, plaintiff signaled the person who was in charge of the engine to slow up; and when the car was approaching the car to which it was to be coupled, and was within five or six feet of the stationary car, plaintiff stepped forward to adjust the coupling, when the brakeman on the train signaled the person who had charge of the…
2Cited by4 opinions
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- Runkle v. Hartford InsuranceSupreme Court of Iowa · 1896
- Luisi v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1912
- Johnson v. City of DenisonSupreme Court of Iowa · 1919