90 Iowa 462 | Iowa | 1894
On the fifth day of September, 1889, Edward A. Bennett was in the employment of defendant as brakemán on. one of its freight trains. "While engaged in the duties of his employment he assisted in placing in the front end of his tram at Anita two cars owned by a man named Sutton, and known as “Dick Sutton’s Uncle Tom’s Cabin Cars ” One was designed for the use of passengers, and the other for baggage and animals. The cars were coupled together, and were furnished with the Miller hook coupling. The train was run to Atlantic, where the Sutton cars were placed on a side track, for the purpose of changing them to the rear end of the caboose. The train was then moved westward, and was backed in on the side track, to have the Sutton cars coupled to the caboose. That was furnished with a common square-headed drawbar, and the coupling was to be made with a link and pin. Bennett went between the cars to make the coupling, and while there received injuries which caused his death. The plaintiff is executor of his estate, and alleges in the petition that the death of Bennett was caused by the negligence of the defendant as follows: First. In using defective, improper, and unsafe appliances to attach the Sutton car to the caboose; second, in directing the coupling to be made, and in pushing the cars together with such force as to cause the couplings to pass each other, thus allowing the cars to go together so closely as to crush the decedent between them; third, in ordering or permitting