Schulte v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Shelby District Gourt.— Hon. N. W. Macy, Judge. Action to recover damages for injuries received at a railway crossing by reason of tbe negligence of tbe employes of the railway company in failing to give signals. There was a verdict for the plaintiff, accompanied by special findings on interrogatories submitted. Thereafter defendant moved for judgment in his favor on the special findings, and at the same time filed a motion for a new trial.
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Appeal from Shelby District Gourt.— Hon. N. W. Macy, Judge. Action to recover damages for injuries received at a railway crossing by reason of tbe negligence of tbe employes of the railway company in failing to give signals. There was a verdict for the plaintiff, accompanied by special findings on interrogatories submitted. Thereafter defendant moved for judgment in his favor on the special findings, and at the same time filed a motion for a new trial. The motion for judgment on the special findings was sustained. There was no ruling on the motion for a new trial. On an appeal to this court…
1Opinion of the CourtMcClain, J.
1. Practice: motion for judgment waiver of right to new tríai. I. The first question presented is whether, after the sustaining of the motion of defendant for judgment on the special findings and the reversal in this court of the judgment entered on such motion, defendant was entitled to have a ruling on his motion for new trial' which had been filed in due time, but had not been ruled on. It is settled by the prior holdings of this court (unless the rule has been changed by a new provision in the Code of 1897, to be hereinafter considered) that by taking the ruling on motion for judgment on…
2Cases cited4 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Pieart v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Bloomfield v. Burlington & Western Railway Co.Supreme Court of Iowa · 1888
- Nixon v. DowneySupreme Court of Iowa · 1878
3Cited by7 opinions
- Gibson v. Adams Express Co.Supreme Court of Iowa · 1919
- Cedar Rapids National Bank v. CarlsonSupreme Court of Iowa · 1912
- Kafka v. Union Stock Yards Co.Nebraska Supreme Court · 1910
- Underwood v. Oskaloosa Traction & Light Co.Supreme Court of Iowa · 1912
- Dale Ex Rel. Stewart v. BuckinghamSupreme Court of Iowa · 1949
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