BEEMS V. CHICAGO, ROCK ISLAND & PEORIA R.R. CO.
58 Iowa 150, 12 N.W. 222 (1882)
NATURE OF THE CASE: Chicago (D) appealed the judgment in favor of Beems (P), an
administrator of a brakesman, in P's negligence action against D filed after the brakesman
died from injuries sustained at work.
FACTS: Beems (P) was a brakeman working for Chicago, Rock Island & Peoria R.R. Co. (D). P
was trying to uncouple railroad cars. When he first tried he thought the train was going too
fast so he requested the operator to check his speed. P then went right back to work under
the impression that the operator would slow down. P got his foot caught in the rails and was
killed. P's estate sued for damages. The trial judge instructed the jury that if P's foot
was caught and run over without any negligence by D, then they could not find for P. The
jury returned a verdict for P. D appealed because he was refused an instruction which said
that if P got his foot caught, D is not liable even if there was negligence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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