Snyder v. Heuer
Supreme Court of Iowa
Appeal from Des Moines District Court. — James D. Smyth, Judge. The controlling question is whether the trial court erred in holding, as matter of law, that plaintiff and appellant was guilty of contributory negligence.
1Opinion of the CourtSalinger, J.
1. Negligence: distracted attention. I. The instructions ruled that plaintiff contributed to his injury by his own negligence, and submitted nothing but the question whether defendant, “after discovering the position of the plaintiff, and the peril to which he was exposed, failed to exercise care to avoid striking the plaintiff with his team and wagon, and inflicting injury upon him.” This charge was excepted to for being an invasion of the province of the jury, “upon the subject of contributory negligence.” And the exception stated further that the question of contributory negligence was a…
2Cited by8 opinions
- Jahr v. SteffenSupreme Court of Iowa · 1919
- Claar Transfer Co. v. Omaha & Council Bluffs Street Railway Co.Supreme Court of Iowa · 1921
- Siesseger v. PuthSupreme Court of Iowa · 1931
- Lewis v. CrattySupreme Court of Iowa · 1942
- Trout v. TalericoSupreme Court of Iowa · 1946
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