Muldowney v. Illinois Central R. R.
Supreme Court of Iowa
Appeal from Dubuque District Gov/rt. In the mouth of September, 1868, one Edward Laughlin was in the employment of the defendant as baggage-master and brakeman, on the Dubnque and Sioux City railroad, which was operated by the defendant as lessee.
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Appeal from Dubuque District Gov/rt. In the mouth of September, 1868, one Edward Laughlin was in the employment of the defendant as baggage-master and brakeman, on the Dubnque and Sioux City railroad, which was operated by the defendant as lessee. The petition alleges that at Ackley, Iowa, while said Laughlin was engaged in coupling the defendant’s cars, he was caught between the same and severely bruised and injured; that said injury-was caused by the negligence and carelessness of the defendant in the use of improper cars, improper couplings and mismatched bumpers, or drawheads, whereby one…
1Opinion of the CourtMiller, J.
i. jury and Motion1'by1'the suit. ‘ I. On the trial, and after the evidence was all in, the defendant’s counsel moved the court “ to direct the jury to find a verdict for the defendant on the ground that the evidence adduced in the case would not authorize or warrant the jury in finding a verdict for the plaintiff.” This motion the district court overruled, and this ruling is assigned as error.
*178There was no error in overruling the motion. Where there is no evidence, or where essential or integral elements of a cause of action or defense are wholly without proof, the court trying the cause may…
2Cases cited3 opinions
- Allen v. PegramSupreme Court of Iowa · 1864
- Davis v. StrohmSupreme Court of Iowa · 1864
- Napper v. YoungSupreme Court of Iowa · 1861
3Cited by17 opinions
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- Greenleaf v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1871
- Harrington v. FortmanSupreme Court of Iowa · 1943
- State v. O'HaganSupreme Court of Iowa · 1874
- Will of Knox v. KnoxSupreme Court of Iowa · 1904
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