Eisentrager v. Great Northern Railway Co.
Supreme Court of Iowa
Appeal from, Lyon District Court. — William Hutchinson, Judge. Suit for personal injuries sustained. Through the town of Alvord, the track of defendant runs north and south. Along its west rail lie two planks, about 6 feet long, and some 22 inches wide. Adjoining these' planks and running west, is a cement walk, about 6 feet wide. During the evening of February 28, 1913, in freezing weather, some ice had formed upon this walk, and some 2 feet west of the west rail.
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Appeal from, Lyon District Court. — William Hutchinson, Judge. Suit for personal injuries sustained. Through the town of Alvord, the track of defendant runs north and south. Along its west rail lie two planks, about 6 feet long, and some 22 inches wide. Adjoining these' planks and running west, is a cement walk, about 6 feet wide. During the evening of February 28, 1913, in freezing weather, some ice had formed upon this walk, and some 2 feet west of the west rail. The ice was some 2 feet, wide, and at about that width, lay across this walk. Plaintiff fell upon this ice, at a point a little…
1Opinion of the Court
Salinger, J. 1.5
1. negligence: evfaotsorTransí actions. custom. Certain testimony was taken against the objection of the appellee. We have the question whether, though erroneously admitted, it still must be considered on the question of whether there wag sufgejen^ evi¿Lence to send the case to the jury.
A fair summing up of it is that, both before and after the injury complained of, locomotive engines of defendant' east water, in some manner and in some amount, near this walk — possibly upon it. There is no testimony — at any rate, none in terms — that this was done during freezing weather.…
2Cases cited83 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Congreve v. . SmithNew York Court of Appeals · 1858
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
78 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Griffith v. Cole Bros.Supreme Court of Iowa · 1917
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Williams v. CohnSupreme Court of Iowa · 1926
- Thompson v. ButlerSupreme Court of Iowa · 1937
- Walters v. Iowa Electric Co.Supreme Court of Iowa · 1927
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