Legal Opinion

Carlisle v. Davenport & Muscatine Railway Co.

Supreme Court of Iowa

Decided March 15, 1920Published

Appeal from Muscatine District Court. — M. F. Donegan, Judge. Action to recover damages for the death of plaintiff’s intestate. Trial to a jury. The trial court overruled defendant’s motion for a directed verdict, made at the close of plaintiff’s testimony, and again at the close of all the testimony. The jury returned a verdict for plaintiff for $1,000. Defendant’s motion for new trial was overruled, and judgment entered on the verdict. Defendant appeals.

1Opinion of the CourtPreston, J.

Several grounds of negligence were alleged in the petition, but those submitted were:

“That, on the 8th day of November, 1913, between 9 and 10 o’clock P. M., the plaintiff’s intestate, Albert Dollarhide, was at a station upon said line of railway, called Mel-pine Station, for the purpose off becoming a passenger upon one of the cars of said company; and, while upon the platform of said station, he was struck by the defendant’s car, and received injuries which caused his death; that the plaintiff’s intestate was free from contributory negligence; ana *677that the defendant was negligent, in that…

2Cases cited8 opinions

Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
Wilson v. Illinois Central RailroadSupreme Court of Iowa · 1911
Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
Hinken v. Iowa Central Railway Co.Supreme Court of Iowa · 1896
Karr v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1907

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