Claar Transfer Co. v. Omaha & Council Bluffs Street Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Aotion to recover damages for injury to auto truck and contents thereof, caused by the alleged negligence of defendants. Directed verdict for defendants, and judgment entered against plaintiff for costs. Plaintiff appeals.
1Opinion of the CourtDe Geape, J.
1. NEGLIGENCE I contributory neg-d£geróush?nSReu of safe -way. The two primary propositions relied upon for reversal are: (1) That the contributory negligence of the plaintiff was a question of fact for the jury; (2) that the doctrine of “last clear chance” should have been submitted , ,, to tile JTiry.
It appears from the evidence that, on February 17, 1916, about 7:15 A. M., one of the employees of plaintiff was driving a truck eastward over the Missouri River toll bridge between Council Bluffs and Omaha. The truck weighed about 8,000 pounds, and was carrying a load of equal weight. At some…
2Cases cited11 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Carr v. Inter-Urban Railway Co.Supreme Court of Iowa · 1919
- Westcott v. Waterloo, Cedar Falls & Northern Ry. Co.Supreme Court of Iowa · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. ByrdNebraska Supreme Court · 1937
- Miller & Kizer v. Des Moines City Railway Co.Supreme Court of Iowa · 1923
- Steele v. BradaSupreme Court of Iowa · 1931
- Wasson v. Illinois Central RailroadSupreme Court of Iowa · 1927
- Waring v. Dubuque Electric Co.Supreme Court of Iowa · 1921
4 more not listed; retrieve them via the Exa API.