Pierson v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Peeston, Judge. Action by plaintiff, as assignee of N. P. Harrington, to recover damages for personal injuries received by the latter while in defendant’s employ as brakeman, resulting, as alleged, from the negligence of defendant in failing to place proper and sufficient foot guards or blocks between the main rail and the guard rail of its track at a switch; the result of the defect being that Harrington’s foot was caught…
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Appeal from Linn District Court. — Hon. J. H. Peeston, Judge. Action by plaintiff, as assignee of N. P. Harrington, to recover damages for personal injuries received by the latter while in defendant’s employ as brakeman, resulting, as alleged, from the negligence of defendant in failing to place proper and sufficient foot guards or blocks between the main rail and the guard rail of its track at a switch; the result of the defect being that Harrington’s foot was caught between the rails while he was attempting to uncouple freight cars in motion, and that his foot and ankle were run over and…
1Opinion of the CourtMcClain, J.
At the time of the accident, Harrington, in the discharge of his duties as brakeman in the employ of defendant, was engaged in attempting to uncouple from the engine two freight cars which were being kicked upon a side track at the station of Wright, on a branch line of defendant’s railroad, between Belle Plains and Muchakinock. The en*15gine and oars were provided with safety appliances for coupling and uncoupling, by means of which, it was intended that a brakeman, in such operation, need not step inside the rails. A part of the appliance consisted of a rod across the end of the car, connected…
2Cases cited22 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Davis v. KnightSupreme Court of Iowa · 1948
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- Stephenson v. Sheffield Brick & Tile Co.Supreme Court of Iowa · 1911
9 more not listed; retrieve them via the Exa API.