Stites v. Des Moines Transit Company

Action for damages for personal injuries allegedly sustained as a result of a fall while alighting from defendant’s bus. The petition is in two counts. Count I relies upon the res ipsa loquitur doctrine. Count Ills bottomed upon specific acts of negligence. On motion, Count I was stricken. Count II was submitted to a jury with a resulting verdict for defendant. Plaintiff appeals.

Appellant assigns three alleged errors: (1) Dismissal of Count I, (2) the giving of Instruction No. 7, and (3) refusal of a new trial based on misconduct of the jury.

There is no marked dispute in the record as to the…