Legal Opinion

Cresswell v. Wainwright

Supreme Court of Iowa

Decided February 14, 1912PublishedCited by 21 opinions

Appeal from Taylor District Court. — Hon. H. M. Towner, Judge. Action to recover damages for personal injuries, alleged to have resulted to plaintiff by reason of the negligent operation by defendant of an automobile, causing the fright of a team of horses and the overturning of the buggy to which they were hitched, and in which plaintiff was seated. There was a verdict for plaintiff in the sum of $10,000, and from judgment on this verdict defendant appeals.—

1Opinion of the CourtMcClain, C. J.

For a full understanding of the bearing of the alleged errors committed by the lower court in the trial of the case, it will be necessary to recite quite fully the evidence introduced for the plaintiff, the sufficiency of which to justify a verdict against defendant is questioned by the appellant. The plaintiff, a married woman, residing with her husband on a farm near the town of Lenox, came to that town in the afternoon of August 9, 1909, in a buggy, driving a team of horses which she and other witnesses described as quiet and easy to manage, and not afraid of automobiles. She hitched her…

2Cases cited5 opinions

  1. Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. House v. CramerSupreme Court of Iowa · 1907
  3. Hale v. Grand Trunk RailroadSupreme Court of Vermont · 1888
  4. Simmons ex rel. Simmons v. LewisSupreme Court of Iowa · 1910
  5. Heise v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1909

3Cited by21 opinions

  1. Parsons v. Crown Disposal Co.California Supreme Court · 1997
  2. Parsons v. First National BankSupreme Court of Iowa · 1947
  3. In Re Estate of SpringerSupreme Court of Iowa · 1961
  4. Sergeant v. ChallisSupreme Court of Iowa · 1931
  5. Buchanan v. Hurd Creamery Co.Supreme Court of Iowa · 1932

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