Wible v. Burlington, C. R. & N. Ry. Co.
Decision Date | 26 October 1899 |
Citation | 80 N.W. 679,109 Iowa 557 |
Court | Iowa Supreme Court |
Parties | WIBLE v. BURLINGTON, C. R. & N. RY. CO. |
OPINION TEXT STARTS HERE
Appeal from district court, Linn county; William G. Thompson, Judge.
Action for damages. Judgment for the plaintiff, and defendant appeals. Affirmed.J. C. Leonard and S. K. Tracy, for appellant.
Smith, Kirk & Smith, for appellee.
The only question raised on this appeal is the sufficiency of the evidence to sustain the verdict. The accident occurred at Ellsworth, Minn., a division station of the defendant, where its road branches to Sioux Falls, S. D., and to Watertown, of the same state. A roundhouse with five stalls was located there, and a master mechanic had supervision of the repairs. An engine with what is called a “tub pilot” in front and a tank with the same kind of a pilot behind was used for switching, and required the services of a day and a night crew, each composed of five men. The engine was also frequently used to haul cars to Sibley, Iowa, a distance of about 16 miles, and to Luverne, Minn., 14 miles distant. Iron handholds about 18 or 20 inches long, and standing out about 3 inches, were attached to each end of a timber 8 feet long, forming the base of the pilot. This left a space of about 3 1/2 feet over the main part of the pilot without a handhold. The particular negligence charged is that of failing to have a continuous handhold or bar entirely across the end of the tank. Just previous to the accident, the engine was backing with the rear of the tank towards cars to which the coupling was about to be made. The plaintiff, having stepped on the board, about 5 inches wide, at the foot of the pilot, in order to get in position to adjust the link and pin, moved his right foot between the left and the pilot, and, in so doing, struck or stepped on a part of the air hose lying on the footboard. In his own words: The witnesses agree...
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Antler v. Cox
... ... C. A. 322; Walrod v. Webster Co., 110 ... Iowa 349, 81 N.W. 598, 47 L. R. A. 480; McKean v ... Chappell, 56 Wash. 690, 106 P. 184; Wible v ... Burlington etc. Ry. Co., 109 Iowa 557, 80 N.W. 679; ... Olson v. Gill Home Inv. Co., 58 Wash. 151, 108 P ... 140, 27 L. R. A., N. S., 884; ... ...
- Wible v. Burlington, C.R. & N.R. Co.