Fisher v. Des Moines Transit Co.

In this appeal from a judgment in favor of the plaintiff, Charles R. Fisher, the defendant, Des Moines Transit Company, assigns as error the trial court’s refusal to sustain its motion for judgment notwithstanding the verdict or for a new trial. The issue before us is whether plaintiff, as a matter of law, failed to plead and prove actionable negligence against the defendant when he alleged in Paragraph 3 of his petition that while he was a passenger for hire and “before he reached his seat, the defendant’s employee-driver negligently jerked the bus so violently that plaintiff was thrown to…