Hirschl v. J. I. Case Threshing Machine Co.
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. J. H. Preston, Judge. The plaintiff brought this action as administrator of the estate of Daniel Maurer, deceased. Maurer was killed while employed in assisting in operating a traction steam engine, which was the motive power for a threshing machine. It is charged in the petition that the casualty occurred by reason of the negligence of one Wilson, who was then acting for the defendant in operating, or running said engine.
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Appeal from Cedar District Court. — Hon. J. H. Preston, Judge. The plaintiff brought this action as administrator of the estate of Daniel Maurer, deceased. Maurer was killed while employed in assisting in operating a traction steam engine, which was the motive power for a threshing machine. It is charged in the petition that the casualty occurred by reason of the negligence of one Wilson, who was then acting for the defendant in operating, or running said engine. A jury was impaneled to try the cause, and at the close of the introduction of the plaintiff’s evidence, on motion of the…
1Opinion of the CourtRothrock, J.
I. The main question involved in the appeal is: Did the court err in directing a verdict on 1. Negligence:personal injury: evidence: directing verdict. the ground that the evidence was insum-cient to authorize the jury to return a ver-diet for the plaintiff? A determination of - A this question requires an examination of the evidence which the plaintiff introduced to sustain his cause of action. It appears from the evidence that the partnership of Kinnan & Pevis purchased a steam *453threshing machine of the defendant. The contract of purchase was made with one Julius Freund, who was the…
2Cited by4 opinions
- Porter v. MolesSupreme Court of Iowa · 1911
- Donahoe v. DenmanSupreme Court of Iowa · 1937
- United States Bank v. BursonSupreme Court of Iowa · 1894
- State v. WilliamsSupreme Court of Iowa · 1894