Johnson v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from, Tama District Cowrt. — Hon. L. G-. Kinne, Judge. This is an action at law to recover damages for a personal injury sustained by C. S. Tenney, the assignor of the plaintiff, by being struck by a locomotive engine on defendant’s railway. There was a trial by jury. At the close of the introduction of' the evidence in behalf of both parties, on motion of the defendant, the court instructed the jury to return a verdict against the plaintiff.
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Appeal from, Tama District Cowrt. — Hon. L. G-. Kinne, Judge. This is an action at law to recover damages for a personal injury sustained by C. S. Tenney, the assignor of the plaintiff, by being struck by a locomotive engine on defendant’s railway. There was a trial by jury. At the close of the introduction of' the evidence in behalf of both parties, on motion of the defendant, the court instructed the jury to return a verdict against the plaintiff. From a judgment on the verdict so returned, the plaintiff appeals.
1Opinion of the CourtRothkock, J.
*2501 2 *2513 *249I. The motion to direct a verdict was in these words: “First. There was no evidence that the defendant was guilty of any negligence which claused the injury complained of. Second. The undisputed evidence shows that C. S. T.enney was guilty of /negligence which contributed directly to the injury / complained of. Third. Giving all of the evidence the greatest weight in favor of plaintiff to which it is entitled, there is no evidence to sustain a verdict in his favor.” The motion was sustained upon the second ground thereof, and the other grounds of the motion do not appear to have been…
2Cases cited4 opinions
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Morris v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Boyce v. Wabash Railway Co.Supreme Court of Iowa · 1884
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1881
3Cited by14 opinions
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Broderick v. McGuireSupreme Court of Connecticut · 1934
- Christensen v. Floriston Pulp & Paper Co.Nevada Supreme Court · 1907
- Enfield v. ButlerSupreme Court of Iowa · 1935
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