Conwell v. Tri-City Railway Co.
Supreme Court of Iowa
Appeal from, Scott District Court.— Hon. A. P. Barker, J udge. Action to recover damages for personal injuries received by plaintiff on account of having been put off defendant’s street railway car at a point which was not her destination, and which was a dangerous place for alighting, arid at a place from which she could not reach her destination in the ordinary manner without encountering the danger which occasioned the injury.
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Appeal from, Scott District Court.— Hon. A. P. Barker, J udge. Action to recover damages for personal injuries received by plaintiff on account of having been put off defendant’s street railway car at a point which was not her destination, and which was a dangerous place for alighting, arid at a place from which she could not reach her destination in the ordinary manner without encountering the danger which occasioned the injury. The issues arising on a general denial of the allegation of plaintiff’s petition were submitted to a jury, and a verdict was rendered for the plaintiff. Defendant’s…
1Opinion of the CourtMcClain, J.
On a motion for judgment as against a general verdict based on special findings, every issue raised by the pleadings and not eliminated by the instructions will be presumed to have been found for the party in whose favor the general verdict is returned, and it will be presumed that such findings are supported by sufficient evidence ; but the special findings cannot be added to or supported by the -evidence, and must be given effect only so fai* as they necessarily negative the findings which might otherwise be assumed in support of the general verdict. Schulte v. Chicago, M. & St. P. R. Co.,…
2Cases cited1 opinion
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
3Cited by4 opinions
- Fischer v. Hawkeye StagesSupreme Court of Iowa · 1949
- Spokane & I. E. R. Co. v. CampbellCourt of Appeals for the Ninth Circuit · 1914
- Farmers Savings Bank v. Burr Forbes & SonSupreme Court of Iowa · 1911
- Pettes v. JonesNew Mexico Supreme Court · 1937