Koontz v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Johnson Circuit Court. John S. Koontz was in the employ of the defendant as a brakeman on a freight train, and fell from a bridge and was killed. The plaintiff is administrator of his estate, and seeks to recover damages caused by the death of the deceased. On motion, the court directed the jury to find for the defendant, which they did, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
A short distance west of Iowa City the defendant constructed a bridge, which formed a portion of its track. At the time of the accident the defendant was engaged in repairing the bridge, or rather was at that time replacing the old with a new bridge. The old .bridge, or portions of it, had been taken away, but trains continued to pass over it as previously, except that they were run at a less *225rate of speed. The accident occurred about 9 o’clock at night. The train was stopped on the bridge because the engineer supposed some of the cars were off the track, or one of the brakes was set. The…
2Cited by9 opinions
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- International & Great Northern Railway Co. v. ReidenCourt of Appeals of Texas · 1908
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Bryce v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1897
- St. Louis & San Francisco Railroad v. HillSupreme Court of Arkansas · 1906
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