Legal Opinion

Loveless v. Town of Wilton

Supreme Court of Iowa

Decided June 23, 1922PublishedCited by 10 opinions

Appeal from Muscatine District Court. — F. D. Letts, Judge. Plaintiff, as the administratrix of the estate of her husband, brought this action to recover damages by reason of his death, through coming in contact with an electric wire, which was attached to a water tank owned by the defendant, and upon which deceased, at the time, was working. Trial to a jury.

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Appeal from Muscatine District Court. — F. D. Letts, Judge. Plaintiff, as the administratrix of the estate of her husband, brought this action to recover damages by reason of his death, through coming in contact with an electric wire, which was attached to a water tank owned by the defendant, and upon which deceased, at the time, was working. Trial to a jury. Verdict for plaintiff in the sum of $20,000. One ground of the motion for new trial was that the damages awarded were excessive. The court so held, and required plaintiff to elect to take judgment for $12,000, or submit to a new trial.…

1Opinion of the CourtPreston, J.

— There is a conflict in the evidence at some points, but much of the testimony is undisputed. The trial court, in an instruction of which appellant does not complain, stated the undisputed facts, and submitted to the jury, for its determination, certain matters, which were in conflict. The court withdrew certain grounds of alleged negligence, and submitted only those hereinafter referred to. The trial court properly instructed the jury that deceased was, at the time he was injured, in the employ of Taggue & McGaughey, a partnership, as we understand it, who had the contract with defendant…

2Cases cited14 opinions

  1. Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
  2. Huey v. City of AtlantaCourt of Appeals of Georgia · 1911
  3. Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
  4. State v. MaddenSupreme Court of Iowa · 1914
  5. Fidelity & Casualty Co. v. Cedar Valley Electric Co.Supreme Court of Iowa · 1919

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3Cited by10 opinions

  1. Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
  2. Engle v. NelsonSupreme Court of Iowa · 1935
  3. Greenwell v. Meredith CorporationSupreme Court of Iowa · 1971
  4. MacDonald Engineering Company v. Robert D. HoverCourt of Appeals for the Eighth Circuit · 1961
  5. Smith v. Iowa Public Service Co.Supreme Court of Iowa · 1942

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