City of Eldridge v. Caterpillar Tractor Co.

I believe the majority’s interpretation of rule 179 places unsuccessful litigants in an impossible situation, a situation not demanded nor contemplated by the rule. It seems to me the appeal in this case was timely and that we should consider it on the merits. On the merits I do not believe the plaintiff city' can prevail. Accordingly, I would affirm the trial court.

I. There is some doubt that the conclusion reached by the trial court was demanded by our holdings in Berger v. Amana Society, 257 Iowa 956, 120 N.W.2d 465 (1965) and Petit v. Ervin Clark Constr., Inc., 243 Iowa 118, 49 N.W.2d 508…