Rosencrans v. Woodbridge
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. Action to recover damages alleged to have been suffered by plaintiff from a collision with an automobile, and the value of a horse alleged to have been killed thereby, resulted in a verdict allowing damages for personal injuries, but the withdrawal from the jury of the claim for the value of the horse. Judgment was entered thereon, and the plaintiff appeals.—
1Opinion of the CourtLadd, J.
1. Appeal and error : denial o£ abstract: transcript ol evidence: degree of certainty required. — Appellee denied that there was any testimony in the record, as set out on certain pages of the abstract, being that of plaintiff and his two sons, relating to the injury to and value of the horse. In the absence of such testimony so denied, the ruling of the trial court, in withdrawing the claim for damages to the horse, must be approved. To sustain the abstract, appellant filed a transcript of portions of the evidence, to which was attached the official reporter’s certificate that he reported…
2Cases cited3 opinions
- Steele Smith Grocery Co. v. PotthastSupreme Court of Iowa · 1899
- Dietz v. Capital City Brick & Pipe Co.Supreme Court of Iowa · 1897
- Fordyce v. HumphreySupreme Court of Iowa · 1911