62 Iowa 167 | Iowa | 1883
I. The plaintiff’s intestate was in tlie employment of defendant as a brakeman npon its railroad. In coupling a dining car to tbe “caboose” of a freight train, to be drawn from Atlantic to Council Bluffs, lie received injuries that caused bis death. The “caboose” had a “bumper” of ordinary construction, and the dining car was provided with a Miller’s coupler. The deceased was between the cars when he made the attempt to couple them, but the “bumper,” upon striking Miller’s coupler, slipped aside and ran under the platform of the dining car, crushing deceased, and killing him almost instantly. It is alleged that defendant’s employes were negligent upon various grounds. One only need be mentioned, namely, in signaling the person in charge of the engine to move backward in order to make the coupling, while deceased was between the cars preparing therefor, without a signal from him.
II. The evidence shows that, prior to the attempt to couple the cars, the train was backed and stopped, so that the
The circuit court directed the jury to find a verdict for defendant, upon the grounds that the evidence failed to show that defendant was negligent, and did show that the deceased contributed to his injury by his own negligence. We think in this ruling there is manifest error.
III. The evidence tends to show negligence of defendant’s employes in moving the train without the direction of
But it is urged that deceased contributed to the injury by his negligence in going between the cars, being warned of
On account of the error in withdrawing the case from the jury, the judgment of the circuit court will be reversed, and the case will be remanded for a new trial.
Reversed.