Mehan v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Mills Ci/rouit Gov/rt. Martin Mehan was in the employ of the defendant as a section hand. On the morning of the 13th of January, 1879, he and another section hand, named Dermoddy, went some thirty feet from the ground to the platform of a winch mill of the defendant, which was used for pumping water to supply defendant’s engines at Atlantic.
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Appeal from Mills Ci/rouit Gov/rt. Martin Mehan was in the employ of the defendant as a section hand. On the morning of the 13th of January, 1879, he and another section hand, named Dermoddy, went some thirty feet from the ground to the platform of a winch mill of the defendant, which was used for pumping water to supply defendant’s engines at Atlantic. The object in going upon the platform was to turn the wheel so as to raise the water and free the pump from, ice by which it was obstructed, there not being sufficient wind to operate the mill. The two men started the wheel and descended part…
1Opinion of the CourtRothrock, J.
I. After the'evidence in-the case was all introduced, the defendant moved the court to instruct the jury to return a verdict for the defendant. The motion was sustained and the verdict was returned accordingly. On the same day the plaintiff presented a motion for a new trial upon two grounds: the first being that the plaintiff was taken by surprise by certain testimony which was introduced upon the trial; and the second, because the court erred in instructing the jury to return a verdict for the defendant. The record shows that the motion was overruled as to the second ground and sustained as…
2Cases cited6 opinions
- Alger v. MerrittSupreme Court of Iowa · 1864
- Shepherd v. BrentonSupreme Court of Iowa · 1863
- Ruble v. McDonaldSupreme Court of Iowa · 1858
- Dunlavey v. WatsonSupreme Court of Iowa · 1874
- Hopper v. Moore & Co.Supreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ricker v. DavisSupreme Court of Iowa · 1913
- Adamsen v. MagneliaAppellate Court of Illinois · 1935
- Cooney v. FurlongCalifornia Supreme Court · 1885
- Foedisch v. Chicago & North-Western Railway Co.Supreme Court of Iowa · 1897
- Nellums v. NashvilleTennessee Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.