Lichtenberger v. Incorporated Town of Meriden
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. George W. Wakefield, Judge. Action to recover for injuries sustained by falling into a cellar way in one of defendant’s sidewalks.
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Appeal from Cherokee District Court. — Hon. George W. Wakefield, Judge. Action to recover for injuries sustained by falling into a cellar way in one of defendant’s sidewalks. At the conclusion of the introduction of evidence on behalf of the plaintiff, defendant moved for a verdict upon the grounds that the evidence showed that defendant was not guilty of negligence in respect to the matter complained of, and that it showed affirmatively that the plaintiff was guilty of contributory negligence to such an extent as that he is not entitled to recover. The motion was sustained, a verdict for the…
1Opinion of the CourtGiven, J.
1 2 I. The single question presented is whether the court erred in directing a verdict for the defendant. The burden was upon the plaintiff to show that the defendant was. guilty of the negligence charged, and that he was free from negligence contributing to cause the injuries complained of. In Meyer v. Houck, 85 Iowa, 319, 52 N. W. Rep. 235, this court announced the rule as follows: “Our conclusion is that, when a motion is' made to direct the verdict, the trial judge should sustain the motion when-, considering all the evidence, it clearly appears to him that it would be his duty to set…
2Cases cited10 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Kendall v. City of AlbiaSupreme Court of Iowa · 1887
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1884
- Alline v. City of Le MarsSupreme Court of Iowa · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kadlec v. Al. Johnson Construction Co.Supreme Court of Iowa · 1933
- Owen v. City of Fort DodgeSupreme Court of Iowa · 1896
- Lorenz v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Van Camp v. City of KeokukSupreme Court of Iowa · 1906
- Earl v. City of Cedar RapidsSupreme Court of Iowa · 1905
5 more not listed; retrieve them via the Exa API.