Tathwell v. City of Cedar Rapids
Supreme Court of Iowa
Appeal from Linn District Court. — HoN. H. M. Reviley, Judge. ActioN to recover damages resulting irom personal injuries received by plaintiff while driving in a street of defendant city by reason of his horse stepping into a hole in the highway in or beside'a culvert, the result being that plaintiff was thrown to the ground.
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Appeal from Linn District Court. — HoN. H. M. Reviley, Judge. ActioN to recover damages resulting irom personal injuries received by plaintiff while driving in a street of defendant city by reason of his horse stepping into a hole in the highway in or beside'a culvert, the result being that plaintiff was thrown to the ground. Judgment for plaintiff on a former trial was reversed, and a new trial ordered. 114 Iowa, 180. On this trial verdict was returned for tlie plaintiff for $100 damages, which, on plaintiff’s motion, was set aside as inadequate. From this ruling defendant appeals.'
1Opinion of the CourtMcClain, J.
There was a conflict in the evidence as to whether the street was defective at the place where plaintiff was injured, but the verdict of the jury for the 1. New trial: inadequacy of verdict. plaintiff establishes the existence of a defect ' . and the negligence of the city with reference thereto, and we have for consideration only this question: Did the trial judge err in setting aside the verdict on the ground that the damages awarded to plaintiff for the injury were inadequate? The right of jury trial, as uniformly recognized under the common-law system, involves the determination by the…
2Cases cited20 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- McDonald v. . WalterNew York Court of Appeals · 1869
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Weill v. KenfieldCalifornia Supreme Court · 1880
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3Cited by36 opinions
- Cowan v. FlannerySupreme Court of Iowa · 1990
- Shewry v. HeuerSupreme Court of Iowa · 1963
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Allbee v. BerrySupreme Court of Iowa · 1963
- Haser v. PapeNorth Dakota Supreme Court · 1951
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