Wilberding v. City of Dubuque
Supreme Court of Iowa
Appeal from Dubuque District Court. — -Hon. Frederick O’Donnell and Hon. James L. Husted, Judges. Action to recover damages for'personal injury caused by a defective sidewalk. There were two jury trials. The first resulted in a verdict for the defendant, which was set aside, and a new trial ordered. The second jury found for the plaintiff. Judgment was rendered on the verdict. The defendant appeals from the final judgment.
1Opinion of the CourtSi-ierwin, J.
The first verdict in this case was for the defendant. It was set aside, upon plaintiff’s motion, and a new trial ordered. Exception was saved to the action of the trial court, but. no appeal ivas ever taken from that order, and, when the appeal was taken from the final judgment, more than six months had elapsed since that order was made.' The appellant assigns error in the granting of a new trial, and the appellee contends that the city waived any objection it might have urged to the order by ■going to. trial the second time, and by not appealing therefrom.
That the order granting a new trial…
2Cases cited13 opinions
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Rice v. City of Des MoinesSupreme Court of Iowa · 1875
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1884
- State ex rel. Stone v. Union Stock Yards State BankSupreme Court of Iowa · 1897
- Smith v. City of Des MoinesSupreme Court of Iowa · 1892
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3Cited by13 opinions
- Parsons v. First National BankSupreme Court of Iowa · 1947
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- Harris v. Deere & Co.Supreme Court of Iowa · 1978
- Bailey v. City of CentervilleSupreme Court of Iowa · 1901
- Parks v. City of Des MoinesSupreme Court of Iowa · 1923
8 more not listed; retrieve them via the Exa API.