Legal Opinion

Johnson v. Omaha & Council Bluffs Street Railway Co.

Supreme Court of Iowa

Decided December 11, 1923Published

Appeal from Pottawattamie District Court. — O. D. Wheeler, Judge. Aotion for- damages for personal injuries resulting from a collision upon a street railway crossing in the country. The defense was a general denial. At the close of the evidence, the trial court directed a verdict on the ground of contributory negligence of the plaintiff. The plaintiff has appealed. —

1Opinion of the CourtEvaNS, J.

i Railroads: ao-“¿^‘negligence per se. Tbe accident happened about 9:30 P. M., June 8, 1920. Tbe plaintiff was driving an automobile south on tbe highway towards Lake Manawa. His collision was with a street car upon a crossing of the street railway. The street car was running due west towards Coun-oil Bluffs. The plaintiff’s wife rode with him upon the front seat. ' Both were severely injured, as a result of the collision. A judgment entered in the district court for the wife for damages resulting from the same collision was heretofore affirmed by us. Johnson v. Omaha & C. B. S. R. Co., 194…

2Cases cited4 opinions

  1. Barrett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1920
  2. Johnson v. Omaha & Council Bluffs Street Railway Co.Supreme Court of Iowa · 1922
  3. Waring v. Dubuque Electric Co.Supreme Court of Iowa · 1922
  4. Mee v. HirningSouth Dakota Supreme Court · 1922

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