Elenz v. Conrad
Supreme Court of Iowa
Appeal-from Dubuque District Court. — Hon. Fred O’Donnell, Judge. When plaintiff and her husband were a short distance beyond a bridge on the way out of Dyersville, at about 5:30 o’clock in the afternoon of January 6, 1899, they stopped to cover an oil can, not well corked.
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Appeal-from Dubuque District Court. — Hon. Fred O’Donnell, Judge. When plaintiff and her husband were a short distance beyond a bridge on the way out of Dyersville, at about 5:30 o’clock in the afternoon of January 6, 1899, they stopped to cover an oil can, not well corked. Hearing a team approach rapidly, he resumed his seat, and had just started on as it passed, the hind wheel of the wagon striking that of plaintiff and her husband, throwing both to the ground and breaking her nose. She demands damages. The pleadings raised the usual issues in such a case, and also whether defendant was the…
1Opinion of the CourtLadd, J.
1
2 The plaintiff, a married woman, followed no separate or independent employment. Her husband then, and not she, was entitled to recover for medical services not previously paid for by her and the value of the time lost by reason of the injuries received. Tuttle v. Railroad Co., 42 Iowa, 518; Nichols v. Railway Co., 68 Iowa, 736; Hall v. Town of Manson, 90 Iowa, 585; Denton v. Ordway, 108 Iowa, 487. The court told the jury in the twelfth instruction, to allow the plaintiff damages sustained by her, “as shown by the evidence. Consider the character and nature of the same, the pain suffered,…
2Cases cited7 opinions
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
- Hall v. Incorporated Town of MansonSupreme Court of Iowa · 1894
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
- Nichols v. Dubuque & Dakota R'y Co.Supreme Court of Iowa · 1886
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- LaForest v. Chicago & Eastern Illinois Railway Co.Appellate Court of Illinois · 1925
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