Legal Opinion

Marcus v. Omaha & Council Bluffs Railway & Bridge Co.

Supreme Court of Iowa

Decided April 7, 1909PublishedCited by 2 opinions

Appeal from Pottawattamie District Court. — Hon. W. R. Green, Judge. Action to recover damages for personal injuries alleged to have resulted to plaintiff from a jar or shock received while a passenger in a car of the defendant street railway company. There was a verdict for plaintiff in the sum of $400, and from the judgment on such verdict plaintiff appeals.

1Opinion of the CourtMcClain, J.

The main contention for appellant is that the verdict was insufficient in amount to cover the damages which, by the uncontroverted evidence, plaintiff had sustained as the result of the negligence of the street car'company in operating its car on which plaintiff was a passenger. But some other alleged errors are briefly noticed in argument , and may first be disposed o£

1. Negligence: permanent injury: damages. The court properly directed the jury to award plaintiff nothing on account of permanent injuries, for the reason that there was no evidence that plaintiff’s injury, if any, was…

2Cited by2 opinions

  1. Roy v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
  2. Kennedy v. Glen Alum Coal Co.West Virginia Supreme Court · 1913

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