Fredericks v. Fort Dodge Brick & Tile Co.
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. Chas. E. Albrook, Judge. Action for damages resulted in judgment against defendant from which it appeals.^
1DissentWeaver, J.
(dissenting). — I can not qoncur in the reasoning employed nor conclusion reached in the third paragraph of the foregoing opinion. The decision in Hendrickson v. Gypsum Co., 133 Iowa, 92, was announced after protracted consideration, and more than ordinarily thorough discussion, and I can conceive of no sound reason for impairing its value as a precedent by finely drawn distinctions. The charge of negligence was there sustained, not because the danger to the plaintiff was from the use of “high explosives” merely, but because the danger was of such serious and extraordinary character that the…
2Cases cited17 opinions
- City Council of Augusta v. OwensSupreme Court of Georgia · 1900
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Simone v. . KirkNew York Court of Appeals · 1902
- Anderson v. Pittsburgh Coal Co.Supreme Court of Minnesota · 1909
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
12 more not listed; retrieve them via the Exa API.