Bryce v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. —- Hon. J. H. Rothrock, Judge. Action to recover damages for injuries alleged to have been received by plaintiff while in the employ of defendant in attempting to couple a locomotive tender provided with a link and pin coupling to a car "provided with an automatic coupling.
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Appeal from Cedar Rapids Superior Court. —- Hon. J. H. Rothrock, Judge. Action to recover damages for injuries alleged to have been received by plaintiff while in the employ of defendant in attempting to couple a locomotive tender provided with a link and pin coupling to a car "provided with an automatic coupling. The negligence originally relied upon by plaintiff was failure! to equip the tender with an automatic coupling and in backing the engine for the purpose of making the coupling without signal to the plaintiff or warning to him. On a former appeal to this court it was held that it was…
1Opinion of the CourtMcClain, J.
i. railroads: injury to servant; autotfonsinstruc' 1. Bor appellant it is contended that the court erred in stating the issues to the jury, in that the failure to equip its cars with automatic couplers, as required by statute, was included, although the evidence ° ' . related entirely to failure to so equip the tender, which was not in itself negligence under that statute, as held in the previous- appeal. It is claimed, therefore, that the case should have been submitted only on the allegations of negligence in failing to properly equip the tender with a reasonably safe coupling appliance and…
2Cases cited4 opinions
- Hosic v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Coles v. Union Terminal Railway Co.Supreme Court of Iowa · 1904
- Branz v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1903
- Cahow v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
3Cited by3 opinions
- City of Ottumwa v. NicholsonSupreme Court of Iowa · 1913
- Hanley v. Fidelity & Casualty Co.Supreme Court of Iowa · 1917
- Anderson v. AndersonSupreme Court of Iowa · 1911