Townsend v. Armstrong

The plaintiff in her petition specifies twenty-one grounds of negligence against the defendant. At the close of plaintiff’s testimony, the defendant filed a motion to strike from the petition of the plaintiff certain specifications of negligence which will be later, partially, at least, set out. This kind of motion is unknown to the practice in Iowa; the usual course being, under the circumstances, to ask the court to withdraw issues from the jury on which there is no evidence or which fail to state a legal ground of negligence, and this course should be followed. However, as no objection was…