Hall v. Iowa Central Railway Co.
Hall v. Iowa Central Railway Co.
Opinion of the Court
The plaintiff, at the time of his injury, November 25, 1894, was a head brakeman on one of defendant’s freight trains. When his train left Oskaloosa on this day his conductor told him to head the train in on one of the side tracks when they reached Grinnell. As the engine neared the switch to one of these tracks, the plaintiff went through a front cab window out onto the running board along the side of the engine, and in stepping from the running board to the steam chest his foot slipped on the steam chest, and he was thrown to the ground, and severely injured. The train at the time was running at the rate of from four to five miles an hour. The sole complaint made by the plaintiff in argument is that the defendant negligently permitted the top of the steam chest to become dirty, greasy, and slippery, and thereby furnished a dangerous and unsafe place for the plaintiff to work. The only evidence bearing upon the condition of the steam chest is that after the plaintiff fell a little grease and dirt were noticed thereon. The condition of the engine when it left the roundhouse this morning is not shown, nor is it shown whether the dirt and grease on xhe steam chest as it then appeared was unusual, or that it could have been avoided by the use of reasonable and ordinary care. That oil is necessary for . the operation of a ponderous track engine is ■known to all, and that the running of a heavy train over the road in dry weather raises much dust and dirt is equally as well known. The mere fact alone that a little dust and
Reference
- Full Case Name
- W. N. Hall v. Iowa Central Railway Company
- Status
- Published