Nelson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Avveal from Scott District Court. — Hon. Andrew How at, Judge. Action by a railroad employe to recover for personal injuries sustained through the negligence of a co-employe while engaged in operating a ditching machine used in connection with an engine and cars upon defendant’s railroad. There was a judgment on a verdict for plaintiff. Defendant appeals. The case has been before in this court. See 73 Iowa, 576.
1Opinion of the CourtBeck, J.
I. It was determined in the former appeal in this case that plaintiff, while working upon the ditching machine, was employed in connection with the use and operation of the railroad.
1. railroads : employe0: evidence06 : II. The evidence shows that plaintiff incurred the .injury while he was working at the crank of a windlass used to raise and lower a bucket or shovel. The windlass was controlled by a brake in charge of an employe. The injury to plaintiff resulted from being struck by the handle of the windlass, which broke his shoulder. The negligence charged consisted in the employe’s…
2Cited by3 opinions
- Ricker v. DavisSupreme Court of Iowa · 1913
- State v. KeenanSupreme Court of Iowa · 1900
- Knaebel v. WilsonSupreme Court of Iowa · 1894