Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1906-12-19
The Ricketts, Case.

uo NlCheItS case, WHICH, WAS Uc-
fore Judge Reed of the United
States Circuit Court at Dubuque last
week was an action for therecovery of
damages from the Illinois Central
Ry. Co.. on account of the death of
w. H. Ricketts,. who was killed in
wreck on the road of the defendant
company in Blackhawk county a
little more than three years ago.
There was no question but what the
decedent's death was due to the
negligence of the railway company.
But at the time of the wreck the de-
cendent was riding in an emigrant
car and caring for span Of horses
with the knowledge Of the conductor
of the train, and had in his possess
sion at the time he was killed, a
contract which gave him right to
ride on the train but provided that
if he rode anywhere on the train ex-
cept in the caboose he did SO at his
own risk.
The plaintiff contended that the
contract of the company was an at
tempt to escape liability for its own
negligence and was void under the
provisions of Sections 2O7l and 2074
of the code of Iowa which read as
follows:
LIABILITY FOR NEGLIGENCE
Tor WRONGS OF EMPLOYEES.
Every corporation operating rail-
way shall be liable for all damages
sustained by any person, including
employees Of such corporation. in
| consequence of the neglect of the
agents, or by any Encouragement
of the engineers or other employees
thereof, and in consequence of the
wilful wrongs, whether Of conmis-
sion or omission, of such agents,
engineers or other employees, when
such wrongs are in any manner con-
nected with the use and operation OF
any railway on or about which they
shall be employed, and no contract
which restricts such liability shall
be legal or binding. Nor shall any
contract of insurance, relief, benefit,
or indemnity in case Of injury or
death, entered into prior to the
r injury, between the person SO in,
jured and such corporation, or any
5 other person or association acting
J for such corporation, nor shall the
i acceptance Of any such insurance
: relief, benefit, or indemnity by the
person injured, his widow, heirs, OF
legal representatives after the jury
from such corporation, person, OF
$ association, constitute any bar o,
defense to any cause Of action
brought under the provisions of thit
S section, but nothing contained here.
] in shall be construed to prevent Oh
: invalidate any settlement fol
] damages between the parties sub.
: sequent to injuries received.
9 SEC. 2074. CONTRACT OR RULE LIN
TING LIABILITY. No contract, re
ceipt, rule or regulation shall ex
empt any railway corporation en-
gagged in transporting persons o.
e property from the liability of com
, mon carrier, or carrier of passengers
j which would exist had no contract
: receipt, rule or regulation beer
made or entered into. &c. '73, Sec
1909
e The court, Notwithstanding these
statutory provisions, directed tn,
jury to find for the defendant, anc
an appeal will probably be taker
from that ruling. The undispute
evidence in the case showed that i
was necessary to ride with stock il
an emigrant car to properly care fol
: same while in transit, and if oul
{ present law does not protect ship
per while riding with his stock tn
law had certainly ought to b.
: changed.