Legal Opinion

Dillon v. Iowa Central Railway Co.

Supreme Court of Iowa

Decided December 20, 1902PublishedCited by 10 opinions

Appeal from Franklin District Court. — Hon. J. R. Whit-taker, Judge. Action to recover damages for death of plaintiff’s decedent, alleged to have resulted from injuries received through defendant’s negligence, while deceased was in the employ of defendant as a locomotive engineer. At the conclusion .of plaintiff’s evidence the court directed a verdict for defendant, but on motion of plaintiff granted a new trial. From this order defendant appeals.

1Opinion of the CourtMoOlain, J.

The evidence for plaintiff tended to establish the following state of facts: Deceased was engineer in charge of a locomotive bringing a freight train from the north into Eldora. Another locomotive, in charge of one Cummings as engineer, was attached to -the rear end *646of the same train. For the purpose of switching, the train was stopped before it reached the station; the front engine, in charge of deceased, being about two hundred feet north of the station when it was stopped. • In the presence of deceased, and near enough to him so that he might have heard what was said, the conductpr of the…

2Cases cited1 opinion

  1. Pennsylvania Co. v. McCaffreyIndiana Supreme Court · 1894

3Cited by10 opinions

  1. Albrecht v. AlbrechtSupreme Court of Iowa · 1903
  2. E. H. Emery & Co. v. American Reprigerator Transit Co.Supreme Court of Iowa · 1921
  3. Reasoner v. Chicago, Rock Island and Pacific R. Co.Supreme Court of Iowa · 1960
  4. Korab v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
  5. Wilson v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Iowa · 1913

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