Legal Opinion · Dissent
Hunt v. Des Moines City Railway Co.
Supreme Court of Iowa
Decided April 13, 1920Published
Appeal from Des Moines Municipal Court. — T. L. Sellers, Judge. Action at law to recover damages for alleged personal injury. Trial to a jury, and verdict for defendant. On motion of plaintiff, the verdict was set .aside, and new trial granted. Defendant appeals.
1DissentSalinger, J.
I think that, despite all that was done, this remains a case wherein a new trial was granted for the giving of an erroneous instruction which the movent had asked the court to give. When that is so, it is error to grant him a new trial. My reasons for so saying, and for opposing the sustaining of motions for new trial on general principles, are fully stated in my dissent, filed in the recent case of Harper & Ward v. Kurtz, 188 Iowa 1047.
2Cases cited1 opinion
- Harper v. KurtzSupreme Court of Iowa · 1919