Reizenstein v. Clark
Supreme Court of Iowa
Appeal from, Johnson District Court. — Hon. M. J. Wade, Judge. Action at law for an 'alleged! wanton and malicious assault. Defendants denied the .alleged .assault, amid pleaded 'that whatever they did was in self-defense; and other matters which might be considered in mitigation of damages. Trial to a jury. Verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDeemer, J.
*2891 *288I. In his petition, plaintiff alleged that he received serious and dangerous injuries, some *289of which were permanent in their nature and character. He proved upon the trial, without objection, that he was ruptured in the assault made upon him by defendants. Appellants contend that they were not bound to anticipate the claim of ¡such injury from the averments of the petition, and that all evidence relating thereto was incompetent. They made no such objections in the lower court, and cannot present them here for the first time.
2 II. On cross-examination, plaintiff was asked as to certain…
2Cases cited5 opinions
- Turner v. HitchcockSupreme Court of Iowa · 1866
- Root v. SturdivantSupreme Court of Iowa · 1886
- Lorig v. City of DavenportSupreme Court of Iowa · 1896
- Goodenough v. McGrewSupreme Court of Iowa · 1876
- Cottrell v. PiattSupreme Court of Iowa · 1897
3Cited by13 opinions
- The Flintkote Company, a Corporation v. Elmer Lysfjord and Walter R. Waldron, Doing Business as Aabeta Co.Court of Appeals for the Ninth Circuit · 1957
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Ahrens v. FentonSupreme Court of Iowa · 1908
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
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