Frandsen v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Crawford Circuit Court. This is an action to recover for injuries to the plaintiff resulting from a collision of a train and hand-car on the defendant’s railroad, February 7, 1870. The issues made by the pleadings are, as to defendant’s negligence, the plaintiff’s care and as to the settlement of the claim, A trial by jury in June, 1872, resulted in a verdict and judgment for plaintiff for $4,916.66. The further facts are set forth in the opinion.
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Appeal from Crawford Circuit Court. This is an action to recover for injuries to the plaintiff resulting from a collision of a train and hand-car on the defendant’s railroad, February 7, 1870. The issues made by the pleadings are, as to defendant’s negligence, the plaintiff’s care and as to the settlement of the claim, A trial by jury in June, 1872, resulted in a verdict and judgment for plaintiff for $4,916.66. The further facts are set forth in the opinion. The defendant appeals.
1Opinion of the CourtCole, J.
1. Practice: on appeal. I. The question most elaborately discussed at bar was, whether the verdict is contrary to the evidence. The evidence alone covers fifty-seven pages of the abstract, and our statement of it must, therefore, be very much condensed. The plaintiff is a Dane and aged 42; he had been in the employment of the defendant as a section hand, a year and a half before the accident, which occurred February 7, 1870, about two miles east of Shelby, a station on defendant’s road. On the morning of that day, the plaintiff and three other men, besides the section boss — five in all —…
2Cases cited2 opinions
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
3Cited by43 opinions
- State v. PeirceSupreme Court of Iowa · 1916
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- People v. MilesCalifornia Supreme Court · 1904
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
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