Baird v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Madison Ci/rowit Oourt. ■ The plaintiff brings this action to recover for injuries sustained whilst employed as a brakeman on a freight train on defendant’s road.
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Appeal from Madison Ci/rowit Oourt. ■ The plaintiff brings this action to recover for injuries sustained whilst employed as a brakeman on a freight train on defendant’s road. The petition, states the cause of action as follows: “ That he was engaged in the act of coupling two freight cars, such coupling being in tbe line of bis duty, one of which, through the neglect of defendant’s employes, and without the knowledge of plaintiff, was defective, having no proper and suitable brake whereby it could be set stationary on tbe track, and wbicli said car, at tbe time of plaintiff’s attempt to…
1Opinion of the CourtDay, J.
1. VBKDXCX : wSspeSai findings. — I. Upon request of the defendant the court gave the jury the following instruction: “ If you believe from the evidence that the car spoken of in the . r and evidence had a defect in the brake, and that by reason of such defect it could not be set stationary upon the track, and in consequence thereof was liable to get in motion, and that at the time plaintiff was to make said coupling said car was, by reason of said defect, in motion and approaching the car on which plaintiff was standing, and that said approach increased the danger of said coupling, or was…
2Cases cited1 opinion
- Caffrey v. GroomeSupreme Court of Iowa · 1860
3Cited by7 opinions
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Bryson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1894
- Baird v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Erickson v. Maple Block Coal Co.Supreme Court of Iowa · 1918
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