Cram v. City of Des Moines
Supreme Court of Iowa
Appeal from Pollc District Cowrt. — C. A. Dudley, Judge. A car driven by one Brownell was alleged to have been diverted from its course and thrown into the railing of a bridge because of the condition in which the defendant is alleged to have kept a roadway. The decedent, Teague, was in this car, and was so injured as to come to his death shortly thereafter.
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Appeal from Pollc District Cowrt. — C. A. Dudley, Judge. A car driven by one Brownell was alleged to have been diverted from its course and thrown into the railing of a bridge because of the condition in which the defendant is alleged to have kept a roadway. The decedent, Teague, was in this car, and was so injured as to come to his death shortly thereafter. There was verdict and judgment for the defendant. - On this appeal, the complaint is limited to the giving of one instruction, and the submission of certain interrogatories.
1Opinion of the CourtSalinger, J.
3. Trial : instructions : waiver by request of instruction. I. The jury was told that they might impute the negligence of the driver, Brownell, to the decedent, if they found that Brownell was driving the car “at the request of said decedent, for the use and benefit of the said decedent.” Again, “or if you find that decedent controlled or had the right to control and direct the driving of said car, whether he exercised the right or not.” Appellant urges there was no evidence whereon to base this much of the charge. We hold with appellee that no such complaint may be made now, because a party…
2Cases cited37 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
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3Cited by20 opinions
- Bloom v. Leech, Admr.Ohio Supreme Court · 1929
- White Ex Rel. White v. McVickerSupreme Court of Iowa · 1933
- Lindquist v. ThiermanSupreme Court of Iowa · 1933
- Norton v. Day Coal Co.Supreme Court of Iowa · 1920
- Kaplan v. KaplanSupreme Court of Iowa · 1931
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