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Beems v. Chicago, Rock Island & Peoria R.R.

Iowa Supreme Court

12 N.W. 222 (Iowa 1882)

Relevant factsFree

Beems's intestate worked as a brakesman for the Chicago, Rock Island & Peoria Railroad (defendant). While trying to uncouple two cars from an engine moving at an abnormally fast speed, he signaled the engine's operators to slow down, but they allegedly ignored the signal. His foot became caught in the tracks, and he was unable to escape the oncoming cars in time; he was run over and killed. Beems sued the Railroad for negligence, and the trial court denied the Railroad's motion for judgment notwithstanding the verdict. The Railroad appealed.

IssueFree

Whether a plaintiff who engages in a risky activity is barred from recovering for a defendant's negligence when the plaintiff's injuries were ultimately caused by that negligence.

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