Eakins v. Chicago, Rock Island & Pacific Railway Co.
| Decision Date | 12 January 1905 |
| Parties | TELIE EAKINS, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILWAY CO |
| Court | Iowa Supreme Court |
Appeal from Cass District Court.-- HON. W. R. GREEN, Judge..
ACTION for damages. Verdict was directed for the defendant, and from judgment thereon the plaintiff appeals.
Affirmed.
W. E Haynes and H. M. Boorman, for appellant.
Carroll Wright, John I. Dille, and J. B. Rockafellow, for appellee.
The defendant's depot in Anita is at the foot of Walnut street, which extends north from and at right angles with the railroad. There is a sidewalk on the east side of this street, which extends over the defendant's right of way to the northeast corner of the depot platform. This is the customary approach to the depot, and the walk over the right of way is maintained by the company. There are three tracks north of the depot, but the main track is immediately south of it. The plaintiff was about to depart for Colorado, and through another had arranged with defendant's station agent to signal its fast train known as the "Flyer," which was not scheduled to stop at Anita to stop, and take her aboard. Accompanied with Belle Irving she walked down Walnut street to the first track north of the depot, and found it occupied by a long train of freight cars. The conductor was standing on the walk, and, being informed that the plaintiff desired to take the "Flyer," advised that the train could not be separated, as the engine was not attached; that they would not have time to go around, and that they would either have to crawl under or go over the coupling in order to reach the train. The conductor then put her "grip" across, and upon her statement that she was afraid to go under, showed her where to step in the stirrup under the car and on the "bumpers," and then took her by the arm, and helped her upon the latter. She straightened up with both feet on the bumpers and one hand holding her dress, and he let go. In getting down, in some way her skirts caught on the couplings, and she fell, striking on her head and becoming unconscious. She pursued her journey the following day, but the evidence tended to show that she has never fully recovered from the injury received.
I. The court, on motion of the defendant, struck from the petition an allegation that the incorporated town of Anita had, by ordinance, prohibited the obstruction of the streets by leaving cars therein. The ruling was correct. There is no...
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