Miller v. City of Eldon
Supreme Court of Iowa
Appeal from Wapello District Court. — C. W. Vermilion, Judge. Plaintiff alleged in her petition that a team of horses, which she was driving upon one of the streets of defendant city, became frightened at an excavation and some obstructions in the street, causing her to be thrown from the buggy and severely injured, her buggy to be broken and damaged, and one of the horses so injured that it had to be killed.
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Appeal from Wapello District Court. — C. W. Vermilion, Judge. Plaintiff alleged in her petition that a team of horses, which she was driving upon one of the streets of defendant city, became frightened at an excavation and some obstructions in the street, causing her to be thrown from the buggy and severely injured, her buggy to be broken and damaged, and one of the horses so injured that it had to be killed. There was judgment upon the verdict of the jury in her favor for $1,000, and defendant appeals.
1Opinion of the CourtStevens, J.
1. Appeal and error : .presence of facts justifies exclusion of opinion. I. But two questions are argued by counsel for appellant. Plaintiff was permitted to testify that she approached the obstruction in the street with her horses under control. Counsel for defendant sought to offer testimony of witnesses who saw the accident that, in their opinion, she did not, at said time, have the team under control, but that it was running away. Numerous witnesses called on behalf of defendant testified fully and minutely to the appearance of the team at the time, and after it had passed the…
2Cases cited9 opinions
- Lester v. Howard BankCourt of Appeals of Maryland · 1871
- Ohio & Mississippi R. W. Co. v. DickersonIndiana Supreme Court · 1877
- Houston & Texas Central Railroad v. GeraldCourt of Appeals of Texas · 1910
- San Antonio Street Railway Co. v. MuthCourt of Appeals of Texas · 1894
- Cheuvront v. HornerWest Virginia Supreme Court · 1907
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3Cited by1 opinion
- Gastine v. EwingCalifornia Court of Appeal · 1944