Baird v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Madison Circuit Court. Action for a personal injury.' The case is now before; us upon a second appeal. There lias been one trial to a jury, and verdict and judgment were rendered for the plaintiff.
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Appeal from Madison Circuit Court. Action for a personal injury.' The case is now before; us upon a second appeal. There lias been one trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appealed to this court, aud the judgment was reversed. 55 Iowa, 121. It appeared that' a special verdict was rendered, and that the . special verdict was such that the jury should, wider an instruction given, have found a general verdict for the defendant. • The case was‘remanded, with leave to the defendant to insist upon his motion for a now trial, or for judgment…
1Opinion of the CourtAdams, J.
1. kail- . pioye“oonncgugence: tutes.constl" — The defendant insists' that the special verdict shows that the plaintiff was necessarily guilty of contributory negligence, and that, even if it does not, we mus^ treat it as if -it did so show, on account-of a certain instruction given by the court. We have, then, first, to inquire as to what the'special veri diet shows.' It is set out in full iii -55 Iowa, 121. It was in substance as follows: The plaintiff', as brakeman, was about to couple a moving train to a moving car. The train was moving westward, and the car eastward, the car having a…
2Cases cited2 opinions
- Roberts v. Corbin & Co.Supreme Court of Iowa · 1869
- Baird v. C., R. I. & P. R.Supreme Court of Iowa · 1880
3Cited by16 opinions
- In Re AlpineCalifornia Supreme Court · 1928
- Commonwealth v. JamesSupreme Court of Pennsylvania · 1985
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Connell v. Keokuk Electric Railway & Power Co.Supreme Court of Iowa · 1906
- State Ex Rel. Sullivan v. PattersonArizona Supreme Court · 1946
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