Kern v. Des Moines City Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Jesse A. Miller, Judge. Action at law to recover damages for the death of Y. D. Kern, due, as is alleged, to defendant’s negligence in operating its street cars on one of the streets in the city of Des Moines. At the conclusion of plaintiff’s evidence the trial court on motion directed a verdict for the defendant, and plaintiff appeals. —
1Opinion of the Court
Deemer, J. —
1. Appeal direction of verdict: review. As there was a directed verdict for defendant at the close of plaintiffs testimony, we must take that view of the case most favorable to plaintiff which the evidence tends to disclose, without, of course, indicating that this is the one which should obtain upon trial by jury. All rea-' sonable and legitimate inferences which the testimony will bear must be resolved in favor of the plaintiff; and, if oh the whole case reasonable minds might differ regarding the weight of the testimony or the inferences to be drawn therefrom, the conclusions…
2Cases cited11 opinions
- Alsever v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Christopherson v. Chicago, Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1906
- Ward v. Marshalltown Light, Power & Railway Co.Supreme Court of Iowa · 1906
- Doherty v. Des Moines, City Railway Co.Supreme Court of Iowa · 1907
- Fish v. Illinois Central Railway Co.Supreme Court of Iowa · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Leinen v. BoettgerSupreme Court of Iowa · 1950
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Petefish v. DaweArizona Supreme Court · 1983
- Rosenberg v. Des Moines Railway Co.Supreme Court of Iowa · 1931
- Dow v. Des Moines City Railway Co.Supreme Court of Iowa · 1910
12 more not listed; retrieve them via the Exa API.