Hively v. Webster County
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. S. M. Weaver, Judge. On the 31st of August, 1898, Mrs. A. W. Hively was on her way with a neighbor (Mrs. Newson) to visit a brother. They sat with their babies in the back seat of a platform spring wagon, while her son Willie, 12 years old, occupied the front seat and drove the team. With him sat John Hively, a child of 4 years.
Read the full summary
Appeal from Wright District Court. — Hon. S. M. Weaver, Judge. On the 31st of August, 1898, Mrs. A. W. Hively was on her way with a neighbor (Mrs. Newson) to visit a brother. They sat with their babies in the back seat of a platform spring wagon, while her son Willie, 12 years old, occupied the front seat and drove the team. With him sat John Hively, a child of 4 years. As the horses were passing over the bridge, they noticed some iron tiles, four of which, from 24 to 30 inches in diameter and 10 or 12 feet in length, had been placed by the county at the right side and near the traveled part…
1Opinion of the Court
Ladd, C. J. —
A careful examination of the record has-convinced us that but one of the errors assigned demands-discussion. The others relate to rulings so manifestly correct or free from prejudice as to require no vindication. The verdict returned was for $8,000. Of this, $2,000 was-remitted, and judgment entered for the remainder. The' child, when killed was 4 years and 4 months old, healthy and ordinarily bright and active. His father was a farmer, owning 160 acres of land; and there is, of course, some ground for thinking the son would possibly have followed-the same vocation. His habits…
2Cases cited17 opinions
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Burk v. Arcata & Mad River RailroadCalifornia Supreme Court · 1899
- Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- Raines v. WilsonSupreme Court of Iowa · 1931
- Hurtig v. BjorkSupreme Court of Iowa · 1965
- Hammer v. JanowitzSupreme Court of Iowa · 1906
11 more not listed; retrieve them via the Exa API.