Wendling v. Community Gas Company

(dissenting) — I cannot concur in the foregoing opinion. I think the case was properly for the jury.

I. Appellee told us in oral argument the main precedent on which the trial court relied in directing the verdict is Atherton v. Hoenig’s Grocery, 249 Iowa 50, 86 N.W.2d 252. It is defendant’s and the majority’s principal reliance here. The cited decision is correct under the facts there. The evidence in the present case bears no fair analogy to that in Mrs. Atherton’s. For the majority to hold “The same situation exists in the case at bar” is to extend the cited decision out of all reasonable…