Legal Opinion

Johnston v. Cedar Rapids & Marion City Railway Co.

Supreme Court of Iowa

Decided January 26, 1909PublishedCited by 6 opinions

Appeal from Cedar Rapids Superior Court. — Hon. Jambs H. Rothrock, Judge. Action to recover damages for personal injuries alleged to have been received by. plaintiff as a passenger while alighting from defendant’s street car, due 'to the negligence of defendant’s employees. There was a verdict for plaintiff in the sum of $687.50, and from judgment thereon the defendant appeals.- —

1Opinion of the Court

McClain, J. —

The evidence tended to show that plaintiff, a.passenger on a street car operated by defendant, while attempting to alight therefrom, slipped on the steps, by reason of snow and ice accumulated there, and fell to the pavement, sustaining a concussion of the spine for which damages were allowed by the jury.

1. Personal in jury: declarations of present pain: evidence. I. Several witnesses called for plaintiff testified, over defendant’s objection that the questions were incompetent and immaterial, that plaintiff complained at different times after her injury of pain in her back; and…

2Cases cited8 opinions

  1. Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
  2. McGovern v. Inter Urban Railway Co.Supreme Court of Iowa · 1907
  3. Hutcheis v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1905
  4. Root v. Des Moines City Railway Co.Supreme Court of Iowa · 1900
  5. Hiatt v. Des Moines, Northern & Western Railway Co.Supreme Court of Iowa · 1895

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3Cited by6 opinions

  1. International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
  2. Bryan v. Iowa State Highway CommissionSupreme Court of Iowa · 1960
  3. Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1916
  4. Patnode v. MaySupreme Court of Minnesota · 1931
  5. State v. BoultonSupreme Court of Minnesota · 1949

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