Legal Opinion

Elks v. Conn

Supreme Court of Iowa

Decided May 14, 1919PublishedCited by 16 opinions

Appeal from Humboldt District Court — D. F. Coyle, Judge. Action at law to recover damages growing out of personal injuries sustained by plaintiff while in the employ of defendant, while in the construction of a drainage ditch. There was a trial to a jury, resulting in a verdict for plaintiff for $4,500. After the verdict, and before judgment, the trial court sustained defendant’s motion in arrest of judgment, and rendered judgment against plaintiff for costs.

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Appeal from Humboldt District Court — D. F. Coyle, Judge. Action at law to recover damages growing out of personal injuries sustained by plaintiff while in the employ of defendant, while in the construction of a drainage ditch. There was a trial to a jury, resulting in a verdict for plaintiff for $4,500. After the verdict, and before judgment, the trial court sustained defendant’s motion in arrest of judgment, and rendered judgment against plaintiff for costs. The plaintiff appeals.

1Opinion of the CourtPreston, J.

The petition, filed May 29, 1916, alleged the relationship of employer and employee between plaintiff and defendant, at the time plaintiff was injured, February 11, 1916, and charged defendant with negligence in furnishing plaintiff fuse, used by plaintiff in blasting, which fuse was inferior, old, and defective; that plaintiff was free from contributory negligence; that, as a result of the explosion, both of plaintiff’s eyes were blown out, and his sight destroyed, his face wounded and disfigured, his leg broken, and other injuries sustained. It was further alleged that defendant failed to…

2Cases cited5 opinions

  1. Sylcord v. HornSupreme Court of Iowa · 1917
  2. Slutts v. DanaSupreme Court of Iowa · 1908
  3. Mitchell v. Phillips Mining Co.Supreme Court of Iowa · 1917
  4. Bayon v. BeckleySupreme Court of Connecticut · 1915
  5. Paucher v. Enterprise Coal Mining Co.Supreme Court of Iowa · 1917

3Cited by16 opinions

  1. Smith v. ThompsonSupreme Court of Iowa · 1934
  2. Curtis v. MichaelsonSupreme Court of Iowa · 1928
  3. State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
  4. Smith v. Sioux City Stock Yards Co.Supreme Court of Iowa · 1935
  5. Burlington Truck Lines, Inc. v. Iowa Employment Security CommissionSupreme Court of Iowa · 1948

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