Ward v. Marshalltown Light, Power & Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court.— Hon. G. W. Burn-ham, Judge. Action to recover damages for personal injuries resulting from being run into by defendant’s electric railway car at a street crossing. Verdict for plaintiff for $67. Defendant appeals from tbe action of tbe court in overruling its motion for directed verdict at the close of tbe evidence, and from tbe court’s further action in setting aside tbe verdict' and granting a new trial on tbe motion of plaintiff.—
1Opinion of the CourtMcClain, C. J.
1. Street railways: personal contributory negligence. 1. Assignment of error in tbe overruling of defendant’s motion to direct a verdict in its favor is predicated on tbe claim that there is no evidence to show want of contributory negligence on the part of plaintiff. With respect to plaintiff’s freedom from contributory negligence the evidence tended to show that, at tbe curb line, before attempting to cross tbe street, be saw tbe car which caused tbe *580injury approaching him at the distance of about a block and a half; that without further attention to the car he proceeded to cross the…
2Cases cited14 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
- Sylvester v. Incorporated Town of CaseySupreme Court of Iowa · 1900
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cowan v. FlannerySupreme Court of Iowa · 1990
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Powers v. Des Moines City Railway Co.Supreme Court of Iowa · 1909
- Strever v. WoodardSupreme Court of Iowa · 1913
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
19 more not listed; retrieve them via the Exa API.