Golden v. Newbrand
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. It is stated in the petition that the “ defendants unlawfully, willfully and maliciously killed David Golden,” and this action is brought to recover damages caused by said act. The answer consisted of a general denial. There was a trial before the court.
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Appeal from Mahaska Circuit Court. It is stated in the petition that the “ defendants unlawfully, willfully and maliciously killed David Golden,” and this action is brought to recover damages caused by said act. The answer consisted of a general denial. There was a trial before the court. On the conclusion of tlie plaintiff's evidence the defendants moved the court to exclude all evidence introduced, “ because it was incompetent, immaterial and irrelevant, and failed to show any liability on the part of the defendants.” The motion was sustained and judgment rendered for the defendants for…
1Opinion of the CourtServers, J.
I. At the proper time defendants asked tbe court to make a finding of facts. As this was not done, it is insisted this constitutes prejudicial error. If no competent evidence was introduced, no finding of facts could be made. The theory of the court was that no fact had been established by legitimate evidence. The case stood before the court as if no evidence had been introduced. If this is correct, then there was no error in failing to make a finding of facts.
1. master and servant: torts of servant. II. Usiug the language of appellant’s counsel, the following facts were established: “ That…
2Cases cited1 opinion
- Verry v. B., C. R. & M. R.Supreme Court of Iowa · 1877
3Cited by31 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Hill v. StaatsCourt of Appeals of Texas · 1916
- Robards v. P. Bannon Sewer Pipe Co.Court of Appeals of Kentucky · 1908
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
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