Bach v. Iowa Central Railway Co.
Supreme Court of Iowa
'Appeal from Marshall District Gourt. — Hon. G. W. Burn-ham, Judge. Action by plaintiff, who is a railway fireman,, for injuries received through the' derailment of a train. The answer was a general denial. Trial to á jury. Directed verdict for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
■1 As defendant’s motion to direct a verdict was sustained, every fact favorable to plaintiff, and which the evidence tends to prove, must be conceded. With this in mind, we now proceed to a statement of the grounds of negligence, and of the evidence offered to sustain them. The charge is that plaintiff received his injuries through the derailment of a train, and that the negligence causing the accident consisted in the maintenance of a low cattle guard, the timbers of which were rotten and unsafe; that on or near the cattle guard there was a switch, and across the guard was a guard rail…
2Cases cited4 opinions
- Moore v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1895
- McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
- McFall v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Miller v. MerriamSupreme Court of Iowa · 1895
3Cited by7 opinions
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Murphy v. Iowa Electric Co.Supreme Court of Iowa · 1928
- Davis v. KnightSupreme Court of Iowa · 1948
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1915
- Pierson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1905
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