Thomas v. Fort Madison

— In concluding its argument, appellant states its position as follows:

“If this was a case that should have gone to the jury, or having gone to a jury which returned a verdict in favor of the plaintiff, the verdict should be sustained, then the city has no complaint about the verdict the jury rendered and is not asking for a new’ trial, but the defendant urges that it was a case that should not have gone to a jury but that having gone to a jury, judgment should have been rendered for the defendant notwithstanding the verdict. ’ ’

Two errors are assigned and relied upon for a reversal. First,…