Watters v. City of Waterloo
Supreme Court of Iowa
Appeal from Blade Hawk District Court.— HoN. A. S.. Blair, Judge. ActioN to recover damages for personal injuries. The petition filed was in two counts.
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Appeal from Blade Hawk District Court.— HoN. A. S.. Blair, Judge. ActioN to recover damages for personal injuries. The petition filed was in two counts. In the first count the claim was made that on December 24, 1900, as plaintiff was passing over a sidewalk on Bridge street, one of the public streets in the defendant city, and in the exercise of due care, he was thrown to the ground by a defect negligently allowed by the city to exist in such sidewalk; that in falling his head struck violently upon the pavement, resulting in injuries to his head and brain, a' shock to his nervous system, and…
1Opinion of the Court
Bishop, J. — ■
1. Election of causes. Appellant complains of the ruling of the court upon its motion to require plaintiff to elect as between the counts of his petition. We think there was no error. A separate cause of action was pleaded in each count and certainly under our Practice Code a plaintiff may plead as many causes of action of the same general character as he may possess.
2. proximate cause. II. In the fourteenth paragraph of the charge the court told the jury, in substance, that if the plaintiff received an injury in December, 1900, as alleged, one of the effects of which was…
2Cases cited18 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Letner v. StateTennessee Supreme Court · 1927
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- General American Life Insurance v. StadiemSupreme Court of North Carolina · 1943
- Gray v. City of Des MoinesSupreme Court of Iowa · 1936
- Madden v. Saylor Coal Co.Supreme Court of Iowa · 1907
10 more not listed; retrieve them via the Exa API.