Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. D. J. Lenehan, Judge. This is an action at law to recover damages for the death of Edward C. Kuhns, which was caused by the derailment of a locomotive engine upon which he was a fireman in the employ of the defendant. There were several acts of negligence charged against the defendant, all of which were denied. A trial by jury resulted in a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
Rothrock, J. —
„ 1. Nesugence : pieaaing: limitation of -I. This is an appeal from a second trial of the cause. A former trial resulted in a verdict and judgment for the plaintiff, which, upon i . ,1 • , appeal to this court, was reversed, and the cause remanded for a new trial. 70 Iowa, 561. At the first trial of the cause the negligence charged in the petition was (1) that the track was not properly ballasted; (2) that the rails were not properly spiked to the ties; (3) that the track was rough and uneven ; (4) that defendant failed to furnish a suitable engine; (5) that defendant failed to…
2Cases cited4 opinions
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1887
- Verry v. B., C. R. & M. R.Supreme Court of Iowa · 1877
3Cited by29 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
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