Beems v. Chicago, Rock Island & Peoria R.R.
Iowa Supreme Court
12 N.W. 222 (Iowa 1882)
The intestate of Beems (plaintiff) worked as a brakesman for Chicago, Rock Island & Peoria R.R. (Railroad) (defendant). The brakesman was working to “uncouple” two cars on a particular engine that was moving at an abnormally fast rate of speed. He gave a signal to the engine’s drivers to check the speed of the cars. However, this signal was allegedly ignored. The brakesman’s foot became caught in the railroad tracks and he was unable to get out of the way of the quickly-moving cars. The brakesman was run over and killed by the engine. Beems brought suit against the Railroad for negligence. The trial court denied the Railroad’s motion for judgment non-obstante. The Railroad appealed.
Rule of Law
Holding and Reasoning (Beck, J.)
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