Carr v. Inter-Urban Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Chas. A. Dudley and T-homas J. Guthrie, Judges. Plaintiff, who is the surviving widow of John T. Carr, who was killed about 6 o’clock A. M. on the morning of December 1, 1916, while walking north on East Thirty-third Street, near the intersection thereof with Cleveland Avenue in the city of Des Moines, brings this action, as administratrix of his estate.
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Appeal from Polk District Court. — Chas. A. Dudley and T-homas J. Guthrie, Judges. Plaintiff, who is the surviving widow of John T. Carr, who was killed about 6 o’clock A. M. on the morning of December 1, 1916, while walking north on East Thirty-third Street, near the intersection thereof with Cleveland Avenue in the city of Des Moines, brings this action, as administratrix of his estate. When about on Cleveland Avenue, deceased met a southbound street car, and stepped from between the east and west tracks of defendant onto the track. When somewhere near the north side of Cleveland Avenue, he…
1Opinion of the CourtStevens, J.
I. On account of the death of the trial judge before ruling upon defendant’s motion for a new trial, same was passed upon and sustained by Honorable Thomas J. Guthrie, one of the judges of the Polk County district court. It was sustained upon the ground that prejudicial error was committed by the court in two of its instructions to the jury. Argument of counsel, however, covers numerous exceptions to these instructions taken at the time of the trial, but not referred to by the court in its ruling upon the motion.
Instruction No. 7, which the court, in passing upon the motion for new trial,…
2Cases cited16 opinions
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- Wilson v. Illinois Central RailroadSupreme Court of Iowa · 1911
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911
- Doran v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Menke v. PeterschmidtSupreme Court of Iowa · 1955
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Gearhart v. Des Moines Railway Co.Supreme Court of Iowa · 1946
- Williams v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1927
- Groves v. City of Webster CitySupreme Court of Iowa · 1936
10 more not listed; retrieve them via the Exa API.