Way v. Illinois Central R. R.
Supreme Court of Iowa
Appeal from Dubuque District Court. Action by tbe plaintiff, J. M. Way, as administrator of tbe estate of Wm. H. Palmer, deceased, to recover damages for the death of said decedent, alleged to have been caused by the negligence of the defendant’s employees. The issues made by the pleadings are as to the negligence of the employees of defendant, and other want of care by the decedent, connected with the act which produced the death.
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Appeal from Dubuque District Court. Action by tbe plaintiff, J. M. Way, as administrator of tbe estate of Wm. H. Palmer, deceased, to recover damages for the death of said decedent, alleged to have been caused by the negligence of the defendant’s employees. The issues made by the pleadings are as to the negligence of the employees of defendant, and other want of care by the decedent, connected with the act which produced the death. There was a jury trial, and the evidence tended to show that the decedent was about twenty-two years old at the time of his death, which occurred on the 26th day…
1Opinion of the CourtCole, J.
The only question for us to decide in this case is,' whether the court erred in directing the jury to find for the defendant. Under our statute we have no such *587thing as an involuntary nonsuit upon the evidence (Rev., § 3127). All actions are to be tried upon the merits (§ 3128). If there 's no evidence tending to establish the plaintiff’s case; or, if there are two or more essential ultimate facts required to be shown in order to entitle him to recover, as in a case depending upon some title or a right, and notice of that title or right to the other party, and in such case there is no…
2Cases cited3 opinions
- Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
- Brown v. European & North American Railway Co.Supreme Judicial Court of Maine · 1870
- Scrantom v. . the Farmers' and Mechanics' Bk. of RochesterNew York Court of Appeals · 1862
3Cited by9 opinions
- Galloway v. United StatesSupreme Court of the United States · 1943
- Meyer v. HouckSupreme Court of Iowa · 1892
- Huber v. MillerOregon Supreme Court · 1902
- First National Bank of Montour v. BrownSupreme Court of Iowa · 1924
- Brown v. KingsleySupreme Court of Iowa · 1874
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