Legal Opinion

Russ v. The Steamboat, War Eagle

Supreme Court of Iowa

Decided October 20, 1859PublishedCited by 3 opinions

Appeal from Dubuque District Court. Action against tlio defendant as a common carrier of passengers, for damages sustained by tbe breaking of tbe arms of' tbe plaintiff, Lois Russ, while in tbe charge of tbe defendant, on a trip to Saint Paul and back, during tbe summer of 1857. Tbe error assigned by defendant, who appeals, upon which the case turns, is presented in tbe opinion of tbe court.

1Opinion of the CourtStooetoN, J.

The statute provides that tbe charge of tbe court to tbe jury shall be confined strictly to matters of law. Code, section 1791. Tbe charge of tbe court, in this case was in writing; and comment is made upon all tbe evidence introduced, and tbe jury are told by tbe court what facts are proved, and what are not proved by the evidence. Exception was taken by defendant at tbe time, to tbe charge of tbe court; and 'it was made one of tbe grounds of a motion for a new trial, that the charge of tbe court was not confined strictly to matters of law. The force of this objection to tbe charge of tbe…

2Cited by3 opinions

  1. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
  2. State v. PhilpotSupreme Court of Iowa · 1896
  3. Napper v. YoungSupreme Court of Iowa · 1861

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