Scherer v. Scandrett

(dissenting) — I dissent from the majority opinion because, in my judgment, it clearly trespasses upon the province of the jury, violates sound and long-recognized principles of law and procedure, and passes without mention our latest reaffirmance of a number of these principles in Coonley v. Lowden, 234 Iowa 731, 12 N. W. 2d 870.

I recognize, of course, that the issue of freedom from contributory negligence is not always for the jury. But I insist that this court and all courts have uniformly held that the issue is ordinarily for the jury, and that it is the very exceptional case when it is a…