Collins v. City of Council Bluffs
Supreme Court of Iowa
Appeal from Pottcmattamie C'vrcuit Court. At the June term, 1871, this cause was submitted to the court. At the.same term and on the 28th day of July, 1871, an opinion was filed, affirming the judgment of the district court, Oole, J., not concurring therein either as to the point respecting the rule for damages, or the amount of damages assessed by the jury. A petition for rehearing was duly filed, and thereon procedendo was stayed.
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Appeal from Pottcmattamie C'vrcuit Court. At the June term, 1871, this cause was submitted to the court. At the.same term and on the 28th day of July, 1871, an opinion was filed, affirming the judgment of the district court, Oole, J., not concurring therein either as to the point respecting the rule for damages, or the amount of damages assessed by the jury. A petition for rehearing was duly filed, and thereon procedendo was stayed. But, by oversight of the clerk and reporter, the opinion was published in 32 Iowa, 324. The cause was reheard.
1Opinion of the CourtCole, J.
Upon the rehearing of this case the court is of the opinion (Beok, Ch. J., not concurring therein) that the amount of the verdict is excessive, and it is ordered, unless the plaintiff enter a remittitur of $5,000 upon the verdict and take a judgment for $10,000, that the judgment of the district court will be reversed.
Some of the reasons which lead us to this conclusion we proceed briefly to state. The _ casualty resulting in the injury to the plaintiff Was essentially an accident, of which she was the unfortunate victim. Hundreds and perhaps thousands of other persons had passed that very…
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