Clemens v. Chicaco, Rock Island & Pac. Ry. Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. F. M. Hunter, Judge. Action to recover damages for personal injury, alleged to bave been caused by being struck by defendant’s train while walking near its tracks. The court held that the evidence showed that the plaintiff was a trespasser at the time he was hurt, and the court submitted the case to the jury on the doctrine of last clear chance.
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Appeal from Appanoose District Court. — Hon. F. M. Hunter, Judge. Action to recover damages for personal injury, alleged to bave been caused by being struck by defendant’s train while walking near its tracks. The court held that the evidence showed that the plaintiff was a trespasser at the time he was hurt, and the court submitted the case to the jury on the doctrine of last clear chance. After the jury had been out fifty hours, they were Called in and instructed by the court and admonished to get together. After being out twenty hours longer, they returned a verdict for the plaintiff.—
1Opinion of the CourtGaynor, J.
This is an action to recover damages for a personal injury which plaintiff claims to have sustained by being struck by one of the defendant’s trains while walking near its track. The cause was submitted to the jury on the *501theory of last clear chance. The court instructed the jury, in substance, that the plaintiff was a trespasser, and had no right to be at the place where he claims he was injured; that he was negligent; and that his negligence contributed to the injuries received; and that this fact denied him the right to recover, for the reason that the defendant did not owe him any duty to…
2Cases cited4 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Armstrong v. James & Co.Supreme Court of Iowa · 1912
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Stokes v. City of Sac CitySupreme Court of Iowa · 1911
3Cited by29 opinions
- State v. CullisonSupreme Court of Iowa · 1975
- State v. PeirceSupreme Court of Iowa · 1916
- Hogan v. NesbitSupreme Court of Iowa · 1933
- Menke v. PeterschmidtSupreme Court of Iowa · 1955
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
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