Conklin v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Gou/rt. This is an action for "the recovery of damages 'for injuries sustained by a fall occasioned by an accumulation of ice on a street of the defendant. There was a jury trial, resulting in a verdict for the plaintiff for $2085. Upon motion of defendant the verdict was set aside, and a new trial was granted. The plaintiff appeals.
1Opinion of the CourtDay, J.
The cause was submitted to tbe jury upon the evidence of the plaintiff alone.
i. nbwxeiai;: court: verdiet against evidence. The motion for a new trial is based upon several grounds. The record does not show upon what ground the new trial was granted. The appellee claims in argument that the new trial was granted upon the ground , , ° that the verdict was contrary to the preponderance of the evidence. As this claim narrows the inquiry to a single question, and is against the interest of the appellee, it may be accepted as true. We have, then, a case where the court below granted a new trial…
2Cases cited2 opinions
- Shepherd v. BrentonSupreme Court of Iowa · 1863
- McKay v. ThoringtonSupreme Court of Iowa · 1863
3Cited by6 opinions
- De Matteo v. LapidusNebraska Supreme Court · 1928
- Halpin v. NelsonSupreme Court of Iowa · 1888
- Hill v. DenslingerSupreme Court of Iowa · 1883
- Seamans v. GallupSupreme Court of Iowa · 1920
- Stewart v. Town of DunlapSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.