Rowell v. Williams
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Monday, July 25. The defendant Shindley, the owner of a lot in Council Bluffs, employed his co-defendants, Williams and For-stein, to erect a brick building thereon, — they doing all the work, including the excavation of the cellar. Plaintiff, passing along the pavement in front of his excavation, on the night of the third of June, 1869, fell into the same, receiving many and severe injuries.
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Appeal from Pottawattamie District Court. Monday, July 25. The defendant Shindley, the owner of a lot in Council Bluffs, employed his co-defendants, Williams and For-stein, to erect a brick building thereon, — they doing all the work, including the excavation of the cellar. Plaintiff, passing along the pavement in front of his excavation, on the night of the third of June, 1869, fell into the same, receiving many and severe injuries. He brings this action against the parties above named, and also the city, charging all with negligence. The first jury were unable to agree; the second returned…
1Opinion of the CourtWeight, J.
If a perfect deluge of instructions could by possibility drift a case into a sea of error, plaintiff *212might well distrust the correctness of his judgment in this instance. The remark is true, however, as far as we can judge from a- most imperfect record, rather of those asked and refused than of those given.
These instructions cover twenty-nine pages, and are found, almost entire, four times in this record, which is otherwise quite voluminous. And notwithstanding they are copied thus often, it requires the utmost care and scrutiny to determine what instructions were given in chief, what at the…
2Cases cited2 opinions
- Howell v. WilsonIndiana Supreme Court · 1831
- McNorton v. AkersSupreme Court of Iowa · 1868
3Cited by18 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- City of Salina v. TrosperSupreme Court of Kansas · 1882
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Parmenter v. City of MarionSupreme Court of Iowa · 1901
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