Mayes v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Affeal from Pottawattamie District Gov/rt. Action to recover for personal injuries to plaintiff’s intestate, resulting in Ms death. Upon a trial to a jury, a verdict for defendant was rendered in pursuance of instructions directing the jury so to find. Plaintiff appeals.
1Opinion of the CourtBeck, J.
1. Railroads; injury to employe: waiver op negligence: matter of defense: burden of proof. I. The petition alleges that William Baker, plaintiff’s intestate, while in the employment of defendant as a “switchman or brakesman,” was run over by a train of cars, receiving injuries which resulted in almost instant death. It is alleged that the injuries were caused by the negligence of defendant in the construction of its railroad, by failing to place blocks between the rails and the guard-rails at the switches, and that, in the absence of such blocks, the foot of the intestate, while he was in the…
2Cases cited2 opinions
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Perigo v. C., R. I. & P. R.Supreme Court of Iowa · 1879
3Cited by23 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Davis v. RailwaySupreme Court of Arkansas · 1890
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
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