Maynard v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, * Judge. Action at law to recover damages from the city due to the alleged negligent filling of a street. The case was tried to a jury resulting in a verdict for defendant. Plaintiffs filed a motion for a new trial based upon thirty or more grounds. This motion was sustained, and defendant city appeals.
1Opinion of the CourtDeemer, J.
As already indicated, the motion to set aside the verdict for the city and for a new trial, was based upon thirty grounds, and it was sustained generally, the trial court giving no intimation as to the specific grounds which it thought were tenable. In such cases a broad presumption exists that the ruling has support for the reason that many things may come to its knowledge, which cannot be made of record, indicating that the verdict does an injustice', or in some other way is not responsive to the issues tendered and the testimony adduced, and for the farther reason that a new trial is…
2Cases cited2 opinions
- Wightman v. Butler CountySupreme Court of Iowa · 1891
- Van Wagenen v. ParsonsSupreme Court of Iowa · 1898
3Cited by5 opinions
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Hartford Fire Insurance Company v. LeflerSupreme Court of Iowa · 1965
- Malmstad v. McHenry Telephone Co.North Dakota Supreme Court · 1914
- Lange v. NissenSupreme Court of Iowa · 1927
- Hartford Fire Insurance Company v. LeflerSupreme Court of Iowa · 1965