Hilsinger v. Zimmerman Steel Co.
Supreme Court of Iowa
Appeal from Scott District Court. — F.' D. Letts, Judge. Action by plaintiff, under Code Section- 3471, to recover for loss of the earnings of Ms minor son, resulting from injuries received while the employee of the defendant, and through the negligence of the defendant. Medical expenses also are claimed.
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Appeal from Scott District Court. — F.' D. Letts, Judge. Action by plaintiff, under Code Section- 3471, to recover for loss of the earnings of Ms minor son, resulting from injuries received while the employee of the defendant, and through the negligence of the defendant. Medical expenses also are claimed. One defense pleaded by the defendant was that the defendant, as an employer, was operating under the "Workmen’s Compensation Act, and that its liability had been adjudicated under such act, and that the defendant had paid all installments adjudicated against it as they matured. By way of…
1Opinion of the CourtEvans, J.
1" motion™1': 011 — I. There is no warrant under our statute for a motion for judgment upon the pleadings, though such practice is not infrequently resorted to, by apparent mutual consent of counsel. The parties themselves have mutually treated the motion as the equivalent of a demurrer to the plaintiff’s reply and an election by the plaintiff to stand upon his pleading. We shall, for that reason, so treat it here, without giving sanction to the practice. The practice, if sanctioned, would quite supplant the demurrer. If the practice were sanctioned as a matter of right to the movent, he…
2Cases cited8 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Mackin v. Detroit-Timkin Axle Co.Michigan Supreme Court · 1915
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Hetzel v. Wasson Piston Ring Co.Supreme Court of New Jersey · 1916
- Buonfiglio v. R. Neumann & Co.Supreme Court of New Jersey · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Iowa Power and Light Co. v. Abild Construction Co.Supreme Court of Iowa · 1966
- Walters v. BlackledgeMississippi Supreme Court · 1954
- Holder v. Elms Hotel Co.Supreme Court of Missouri · 1936
- Roxana Petroleum Co. v. CopeSupreme Court of Oklahoma · 1928
- Maryland Casualty Co. v. ScruggsCourt of Appeals of Texas · 1925
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