Dowell v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from linn Gireuit Court. Action to recover damages to the estate of which plaintiff is the administrator, resulting from the death of the intestate, caused by personal injuries received by him through the alleged negligence of defendant, while he was in its employment as a brakeman. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The plaintiff’s intestate, while in the discharge of his duty as a brakeman upon a train running upon defendant’s road, fell from the engine, where he, with the conductor, was at the timo, and was run over and killed by the train. He was directed by the conductor to look back to discover whether the train was separated, and, in obedience to this command, went to the side of the engine. He was last seen in life there. No one observed his fall, and the cause of it is not shown by the evidence. At the time, the train was passing through a snow bank about ten feet high. The track had been…
2Cited by11 opinions
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Yelton v. Evansville & Indianapolis RailroadIndiana Supreme Court · 1893
- Parmley v. Pleasant Valley Coal Co.Utah Supreme Court · 1924
- Brown v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Massion v. Mt. Sinai CongregationWyoming Supreme Court · 1929
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