Horan v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. Gteokge W. Wakefield, Judge. The plaintiff was employed upon the defendant’s railroad as a brakeman; While coupling a flat car to a locomotive engine at Alton, in this state, his right hand was caught between the drawbars, and his hand was so crushed as that it became necessary to amputate the thumb and forefinger.
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Appeal from Woodbury District Court. — Hon. Gteokge W. Wakefield, Judge. The plaintiff was employed upon the defendant’s railroad as a brakeman; While coupling a flat car to a locomotive engine at Alton, in this state, his right hand was caught between the drawbars, and his hand was so crushed as that it became necessary to amputate the thumb and forefinger. He claims that the injury was received by reason of the defective condition of the railroad track at the place where he attempted to make the coupling. The defendant resisted the claim on the ground that the railroad track was not…
1Opinion of the CourtRothrock, J.
1' genTefeyiI. There is some controversy as to the question whether the railroad track was out of repair, and there is a conflict in the evidence in relation thereto. The injury was received at a point on the road where the business of the company required coupling of cars to be frequently made. The exact point where the plaintiff was required to make the coupling was nearly opposite to a water tank used to supply engines with water. The jury were fully warranted in finding that the earth between the tieswas washed out, so that the filling or surfacing of the road was gone to such an extent…
2Cases cited1 opinion
- Reed v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
3Cited by6 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Jahn v. MacMurtrySupreme Court of Iowa · 1918
- Zenor v. SmithSupreme Court of Iowa · 1911
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