Jones v. City of Sioux City
Supreme Court of Iowa
Appeal from Woodbury District Court. — G'eorge Jepson, Judge. Action for damages for the death of plaintiff’s intestate. The action was brought against the city and against Ray Callander, an employee of the defendant city, who- was driving the automobile at the time. No evidence was introduced on behalf of the defendant city, and, at the conclusion of the plaintiff’s evidence, the trial court sustained a motion to direct a verdict in favor of the city.
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Appeal from Woodbury District Court. — G'eorge Jepson, Judge. Action for damages for the death of plaintiff’s intestate. The action was brought against the city and against Ray Callander, an employee of the defendant city, who- was driving the automobile at the time. No evidence was introduced on behalf of the defendant city, and, at the conclusion of the plaintiff’s evidence, the trial court sustained a motion to direct a verdict in favor of the city. Callander defaulted, and the case was submitted to the jury as to him, • and a verdict for $13,000 returned. The plaintiff appeals from the…
1Opinion of the CourtPreston, J.
Deceased was struck by an automobile belonging to the city, and driven by its employee, Callander. The petition alleges substantially that the city was negligent, for that the car was being driven at a high, reckless, and negligent rate of speed; that the pavement of the street, at the place where the accident occurred, was in a rough and uneven condition; and that such defective condition of the street was a concurring proximate cause of the injury; and that the collision would not have happened if the street had not been in such defective condition; that the city kept Ray Callander, its…
2Cases cited18 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- Gould v. SchermerSupreme Court of Iowa · 1897
- Burk v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1905
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
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3Cited by19 opinions
- Brush v. CommissionerSupreme Court of the United States · 1937
- City of Port Arthur v. WallaceTexas Supreme Court · 1943
- Niblock v. Salt Lake CityUtah Supreme Court · 1941
- Rollow v. Ogden CityUtah Supreme Court · 1926
- Hall Ex Rel. Estate of Hall v. Town of KeotaSupreme Court of Iowa · 1956
14 more not listed; retrieve them via the Exa API.