108 Iowa 96 | Iowa | 1899
The facts shown by the evidence necessary to be noticed are these: On and for some time prior to November 1, 1894, the plaintiff was in the employment of the defendant as head brakeman on a freight train, and on that day was so employed on a train running west from North McGregor to Mason City. Defendant had at different stations, including the station of Monona, coal sheds from which to supply its engines, at each of which one or two men, known as “coal heavers,” were employed to have the coal ready, and to put the same on the engines, or 'to assist in doing so. Where there was but one coal heaver employed at a shed, as was the case at Monona, it was the duty of the head brakeman to assist him in coaling the engine draw
II. Section 1307 of the Code of 1873, under which fjiis action is brought, ig ^s follows: “Every corporation
III. The plaintiff does not allege or" claim that he was injured by the actual movement of machinery on the railroad track, but insists that the handling of the derrick in coaling the engine was “directly connected therewith,”— that is, with the movement of the engine, — and that, therefore, his case comes within the provisions of said section 1307, as construed in Akeson v. Railroad Co., supra. In that case Akeson and Forshay were employed to coal engines from coal cars alongside of the engine, by carrying the coal from the car to the tender, in handbarrows, over planks laid from the car to the tender as a footway. They had in this way coaled an engine that had been detached from a passing train and moved into position for that purpose. The coaling having been completed, Forshay remained upon the engine, to go on it to the water tank, where it was to be immediately moved. Plaintiff passed over the plank, onto the coal car, whereupon Forshay, for the purpose of allowing the engine to be immediately moved, shoved the plank onto the .car, and in so doing struck and injured the plaintiff. We said: “The very purpose of removing the plank was to enable the engine to move, and if, in doing this, Forshay was negligent, such negligence was so clearly connected with the movement as to come within the terms of the statute. Indeed, it is difficult to conceive of a case where negligence not in the actual movement of an engine is more directly connected therewith.” Upon closer investigation, we reach the conclusion that that case is distinguishable in its facts from this. That engine could not be properly moved until the plank was detached from it. Therefore the removal of the plank was not remotely, but immediately connected with the moving of the engine. All that remained to be done to move the engine was to give it steam. Let us suppose that the reverse lever of that engine had been