Dougherty ex rel. Dougherty v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Appanoose District Court.— Hon. O. W. Vermillion, Judge. Action at law to recover damages for injuries received by plaintiff in being run over by a hand car operated by defendant’s sectionmen. Directed verdict for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
The alleged grounds of negligence are “ in permitting the said minor plaintiff to board the said car and ride the same at the front edge thereof in an exposed position, without aid or protection of any bind,” and “ that shortly before the plaintiff was injured, and while the hand car was stationary, said section boss saw said infant sitting in a position of peril on said car, and, so seeing, ordered the other persons on said car, who were under the direction of said [boss], to start up said car, which was done.” The record shows that plaintiff is a boy seven years old, living with his parents…
2Cases cited12 opinions
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Foster-Herbert Cut Stone Co. v. PughTennessee Supreme Court · 1905
- Morris v. . BrownNew York Court of Appeals · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Sandman v. HaganSupreme Court of Iowa · 1967
- Turner v. American District Telegraph & Messenger Co.Supreme Court of Connecticut · 1920
- Baker v. LanganSupreme Court of Iowa · 1914
16 more not listed; retrieve them via the Exa API.