34 N.W. 790 (Iowa 1887), Sedgwick v. Illinois Cent. Ry. Co.

Citation:34 N.W. 790, 73 Iowa 158
Opinion Judge:REED, J.
Party Name:SEDGWICK v. THE ILLINOIS CENTRAL R'Y CO
Attorney:W. J. Knight and J. L. Husted, for appellant. O. C. Miller and H. C. Hemenway, for appellee.
Case Date:October 26, 1887
Court:Supreme Court of Iowa
 
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Page 790

34 N.W. 790 (Iowa 1887)

73 Iowa 158

SEDGWICK

v.

THE ILLINOIS CENTRAL R'Y CO

Supreme Court of Iowa, Des Moines

October 26, 1887

Appeal from Black Hawk Circuit Court.

THE plaintiff, as assignee of H. H. Oakes, brought this action to recover damages for a personal injury sustained by said Oakes while in defendant's employ as a brakeman on one of its trains. There was a verdict and judgment for plaintiff. Defendant appeals.

REVERSED.

W. J. Knight and J. L. Husted, for appellant.

O. C. Miller and H. C. Hemenway, for appellee.

OPINION

[73 Iowa 159] REED, J.

Oakes received the injury complained of while attempting to uncouple a car from the tender of the engine. The allegations of negligence contained in the petition are that the pin used to couple the car to the engine was too large, and fitted too tightly in the link to enable Oakes to readily pull it out, and was therefore defective, and unsuited to the purpose for which it was used. That he, without any knowledge as to the condition or size of the pin, and without any fault or negligence on his part, attempted to uncouple the car from the engine, and, while so engaged between the engine and car, the engineer negligently began to back the engine, without waiting for the usual and customary signal to be given by Oakes to indicate that he was ready therefor, and without giving any signal or notice to him of his intention to move the engine, and that thereby he was pushed, carried and crowded along the track to a cattle-guard, into which he fell, and was run over, and suffered the injuries complained of. The proof was that Oakes went between the engine and car while they were standing still to make the uncoupling. When he attempted to remove the pin, he discovered that it was so large, and fitted so tightly into the link, that it could not readily be removed. While he was working with it, and attempting to remove it, the engineer, without giving any signal or notice of his intention to move the engine, and without having received any signal from Oakes to move it, began to back it and the car towards the switch by which they intended to run the car onto the side track. Oakes walked along between the engine and the car as they moved, continuing his efforts to remove the pin. The cattle-guard is about 15 feet from the point where he went between the car and engine, and when he reached...

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