Kirby v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — W. N. Treichler, Judge. Action at law to recover damages for the death of William J. Kirby, due to the explosion of the boiler of a steam locomotive upon which he (Kirby) was an engineer. Defendant denied the negligence charged and pleaded contributory negligence of the deceased. Upon the issues joined, the case was tried to a jury, resulting in a vferdict and judgment for plaintiff in the sum of $30,000, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
The case was before us on appeal from *147a judgment for defendant, the opinion being found in 150 Iowa, 587. On that appeal, it was held that there was no sufficient showing that the location of the gauge cocks on the locomotive was the proximate cause of the explosion, and this holding must be treated as the law of the ease. Upon the second trial, plaintiff relied upon the charge that the defendant was negligent in that the boiler was improperly constructed,'in that: (1) The stay bolts were too short and improperly placed; the water legs had not sufficient water space and the mud rings were too…
2Cases cited19 opinions
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Chicago, St. Louis & Pittsburgh Railroad v. ChampionIndiana Court of Appeals · 1894
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
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3Cited by16 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Lawson v. FordyceSupreme Court of Iowa · 1945
- In Re Estate of John TelsrowSupreme Court of Iowa · 1946
- Bradley v. Interurban Railway Co.Supreme Court of Iowa · 1921
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
11 more not listed; retrieve them via the Exa API.