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eBook details

• Title: Chicago & N. W. Ry. Co. v. Mclaughlin
• Author : United States Supreme Court
• Release Date : January 20, 1886
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

'In this cause plaintiff seeks to recover damages in the sum of fifteen thousand dollars against the defendant for certain injuries alleged to have been received by plaintiff on the eighteenth day of October, 1877, while in the employ of defendant at Clinton, in this state; the plaintiff averring that the injuries coml ained of were caused by the negligence of the servants and employes of the defendant in the management of the switch-engine in use at defendant's yards at Clinton, Iowa. '(2) On part of defendant the negligence charged by plaintiff upon defendant is denied, it being claimed that the accident did not result from any want of ordinary care on part of defendant, or any of its employes; that the accident resulted from one of the usual perils and risks inseparable from the business in which the defendant is engaged, to-wit, operating a railroad, the risk and hazard of which was assumed by the plaintiff when he entered the employ of the defendant. And defendant further pleads that even if it be true that the defendant, through its employes, was guilty of negligence in the manner claimed, that the plaintiff on his part was guilty of negligence contributing to the accident, and hence cannot recover.

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