Legal Opinion

George v. Iowa & Southwestern Railway Co.

Supreme Court of Iowa

Decided June 24, 1918PublishedCited by 27 opinions

Appeal from Page District Court. — E. B. Woodruff, Judge. In this, a suit to recover damages for the alleged negligence of defendant claimed to have resulted in the death of one John J. George, a motion to direct verdict for the defendant was sustained at the close of the testimony for the plaintiff, and she appeals.

1Opinion of the CourtSalinger, J.

l. appeal and euror : directea verdicts, I. The appellee insists the trial court was justified in directing verdict against the appellant, on the authority of Meyer & Bros. v. Houck, 85 Iowa 319, which,in effect, abrogates the scintilla of evidence rule theretofore prevailing in this jurisdic- ,. tion, and empowers the court to direct a verdict against the party having the burden of proof, if the testimony is in such condition that, should the verdict be returned for that party, the court would unhesitatingly set the same aside. Appellee urges that, in applying *996the Meyer case rule, this court…

2Cases cited31 opinions

  1. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
  2. Davis v. Mercer Lumber Co.Indiana Supreme Court · 1905
  3. Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
  4. Meyer v. HouckSupreme Court of Iowa · 1892
  5. Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895

26 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Whetstine v. MoravecSupreme Court of Iowa · 1940
  2. Easton v. HowardSupreme Court of Iowa · 2008
  3. Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
  4. Boles v. Hotel Maytag Co.Supreme Court of Iowa · 1934
  5. Sweeney v. City of BettendorfSupreme Court of Iowa · 2009

22 more not listed; retrieve them via the Exa API.

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