Legal Opinion

Nicoll v. Sweet

Supreme Court of Iowa

Decided December 13, 1913PublishedCited by 21 opinions

Appeal from Benton District Court. — Hon. C. B. Bradshaw, Judge. Action at law to recover damages against the estate of S. S. Sweet, deceased, on account of the death of one Walter H. McNulty. Verdict and judgment for plaintiff, and defendants appeal.

1Opinion of the CourtWeaver, C. J.

McNulty was injured by the falling of a cornice into the public street from a building owned by Sweet. Eight days after the accident, McNulty died of pneumonia, which plaintiff alleges was caused by the injuries so received, and the claim of damages is based upon that theory.

1. Negligent death : cause of death : evidence. It' is strongly contended upon the part of the appellant that the record shows no evidence from which this fact could be found in favor of plaintiff. It is true that the testimony tends to show that McNulty was not in r°kust health at the time of his injury, that he had…

2Cases cited21 opinions

  1. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  2. Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
  3. Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
  4. Sesler v. Coal Co.West Virginia Supreme Court · 1902
  5. Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882

16 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Adams v. DeurSupreme Court of Iowa · 1969
  2. Southern Pacific Transportation Co. v. LueckArizona Supreme Court · 1975
  3. Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
  4. Brower v. QuickSupreme Court of Iowa · 1958
  5. Detoskey v. Ruan Transport Corp.Supreme Court of Iowa · 1949

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