Overhouser v. American Cereal Co.
Supreme Court of Iowa
Appeal from Linn District Court. — ■ Hon. B. H. 'M'tt.t.e'r.j Judge. Action by plaintiff, as the administrator of the estate of W. L. Overhouser, deceased, to recover damages caused, as alleged, by negligence on the part of defendants, and resulting in the death of said W. L. Overhouser.
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Appeal from Linn District Court. — ■ Hon. B. H. 'M'tt.t.e'r.j Judge. Action by plaintiff, as the administrator of the estate of W. L. Overhouser, deceased, to recover damages caused, as alleged, by negligence on the part of defendants, and resulting in the death of said W. L. Overhouser. The trial was to a jury, and the verdict was “ in favor of the plaintiff and against the American Cereal Company, and for the defendant A. H. Connor & Co. as between A. H. Connor & Co. and the plaintiff.” There was judgment on the verdict as against, the cereal company, and therefrom it appeals. The plaintiff…
1Opinion of the CourtBishop, J.
This is the second appeal in this case. Bor the opinion on the former appeal, see 118 Iowa, 417. The negligence complained of, stated generally,' is that the defendants permitted stone and rock to fall from their wagons upon a public street of the city of Cedar Rapids, and suffered and permitted such rock and stone to there remain, so that plaintiffs intestate, while riding a bicycle along said street, struck said rock and stone and was thrown to the pavement, and sustained injuries from which he died. The defendants joined in answer, denying specifically the allegations of the petition.
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2Cases cited19 opinions
- Cobb v. SimonWisconsin Supreme Court · 1903
- Emmerson v. FaySupreme Court of Virginia · 1896
- Owen v. OwenSupreme Court of Iowa · 1867
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1902
- Roemer v. . StrikerNew York Court of Appeals · 1894
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3Cited by26 opinions
- Hart v. HinkleySupreme Court of Iowa · 1933
- Kuehn v. JenkinsSupreme Court of Iowa · 1960
- State v. BakerSupreme Court of Iowa · 1954
- Brown v. Rockwell City Canning Co.Supreme Court of Iowa · 1906
- Harrington v. FortmanSupreme Court of Iowa · 1943
21 more not listed; retrieve them via the Exa API.