Powers v. Des Moines City Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. . McHenry, Judge. In an. action to recover damages for personal injuries received by plaintiff through the negligence of the 'defendant in so operating one of its electric street cars that plaintiff was struck thereby while crossing a street in the city of Des Moines, the court at the conclusion of the evidence directed a verdict for defendant, and after the overruling of a motion for new trial the plaintiff appealed from the…
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Appeal from Polk District Court. — Hon. W. H. . McHenry, Judge. In an. action to recover damages for personal injuries received by plaintiff through the negligence of the 'defendant in so operating one of its electric street cars that plaintiff was struck thereby while crossing a street in the city of Des Moines, the court at the conclusion of the evidence directed a verdict for defendant, and after the overruling of a motion for new trial the plaintiff appealed from the ruling on such motion.
1Opinion of the CourtMcClain, J.
I. It is first insisted for appellee that this court is without jurisdiction to entertain the appeal, because it was not taken within six months from the date of the final judgment. It appears that on February 19, 1906, a verdict for defendant was returned by the jury under the court’s direction, and final judgment was rendered on that date and that within the statutory period allowed for the purpose a motion for new trial was filed which was not ruled upon until December 13th following, when it was overruled. Appeal was taken from this ruling within six months, and, if there was any error in…
2Cases cited14 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Bell v. Incorporated Town of ClarionSupreme Court of Iowa · 1901
- Chauvin v. Detroit United RailwayMichigan Supreme Court · 1903
- Christopherson v. Chicago, Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Richmond v. Tacoma Railway & Power Co.Washington Supreme Court · 1912
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Rosenberg v. Des Moines Railway Co.Supreme Court of Iowa · 1931
16 more not listed; retrieve them via the Exa API.