Stewart v. Wild
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. D. Wheeler, J udge. Action for damages for personal injuries sustained by plaintiff as a result of the alleged negligence of the defendant. These injuries resulted from a collision of plaintiff’s automobile, while traveling in the highway, with one of defendant’s hogs, which the defendant had negligently permitted to run at large upon the highway. A demui’rer to plaintiff’s petition was sustained.
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Appeal from Pottawattamie District Court. — O. D. Wheeler, J udge. Action for damages for personal injuries sustained by plaintiff as a result of the alleged negligence of the defendant. These injuries resulted from a collision of plaintiff’s automobile, while traveling in the highway, with one of defendant’s hogs, which the defendant had negligently permitted to run at large upon the highway. A demui’rer to plaintiff’s petition was sustained. The plaintiff electing to stand upon her petition, judgment was entered against her, from which she has appealed.
1Opinion of the CourtEvans, J.
I. The alleged negligence of the defendant is charged in the petition in the following terms:
i Negligence: ?ngS- a^rnan' runnmg at large, “That, on or about the 30th day of May, 1920, the plaintiff, her husband, and two sons, were driving in the plaintiff’s automobile on and along the said White Pole Road in an easterly direction. That one of the plaintiff’s said sons was driving and operating the plaintiff’s husband’s said automobile in a cautious and careful manner, and at a moderate and lawful rate of speed. That, when at a point on said highway adjacent to the land owned and operated by…
2Cases cited11 opinions
- Klenberg v. RussellIndiana Supreme Court · 1890
- Meier v. ShrunkSupreme Court of Iowa · 1890
- Leonard v. DohertyMassachusetts Supreme Judicial Court · 1899
- Flesch v. SchlueSupreme Court of Iowa · 1922
- Brady v. StraubCourt of Appeals of Kentucky · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Thompson v. KaczinskiSupreme Court of Iowa · 2009
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Weber v. MadisonSupreme Court of Iowa · 1977
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- State v. CaplanSupreme Court of Vermont · 1927
18 more not listed; retrieve them via the Exa API.