Knapp v. Sioux City & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The plaintiff is a locomotive engineer, and was in tbe employ of tlie defendant, and tbe petition states that while tbe plaintiff, as such engineer, was in charge of a locomotive drawing a train of cars over defendant’s road, tbe “ locomotive and train were thrown from the track,” and the plaintiff’s right arm broken; that tbe “ accident was caused by negligence and the faulty construction of tbe track; * * * that the ties were…
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Appeal from Pottawattamie District Court. The plaintiff is a locomotive engineer, and was in tbe employ of tlie defendant, and tbe petition states that while tbe plaintiff, as such engineer, was in charge of a locomotive drawing a train of cars over defendant’s road, tbe “ locomotive and train were thrown from the track,” and the plaintiff’s right arm broken; that tbe “ accident was caused by negligence and the faulty construction of tbe track; * * * that the ties were rotten, and insufficient to bold tbe sleepers and rails, or weig-bt of a passing train;” and that tbe accident was not caused…
1Opinion of the CourtSeevers, J.
1. PBACTIC23 in supremo court: questions passed upon below alone considered: instance. I. The material question presented in this record is whether the negligence of the defendant was the proximate cause of the injury received by the plaintiff. The evidence tended to show that the rails spread, and a portion of the train left the track. The locomotive remained, at least partly, on the track. The train consisted of the engine and several freight cars. When the plaintiff found the train was about to run off, or that a portion of it was off the track, he caught the lever, and in reversing it his…
2Cases cited4 opinions
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
- Allen v. Town of HancockSupreme Court of Vermont · 1844
- Coulter v. American Merchants Union Express Co.New York Supreme Court · 1871
3Cited by11 opinions
- Frederick v. GoffSupreme Court of Iowa · 1960
- Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
- Parmenter v. City of MarionSupreme Court of Iowa · 1901
- Phinney v. Illinois Central RailroadSupreme Court of Iowa · 1904
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
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