Stewart v. Town of Dunlap
Supreme Court of Iowa
Appeal from Harrison District Court. . This action was brought to recover for personal injuries sustained by plaintiff from a fall upon a sidewalk of the town, caused by defects therein. There was a verdict for plaintiff in the sum of $4,000, which, upon motion of defendant, was set aside, and a new trial was granted. Plaintiff appeals.
1Opinion of the CourtBeck, J.
— The record does not show upon what ground the verdict was set aside. The motion sustained by the district court was based upon nine grounds, among which were objections to the verdict for the reason that it is in conflict with instructions, is not supported by the evidence, is excessive, and is contrary to special findings, and that there is alleged error in refusing certain instructions. The plaintiff insists that upon none of these grounds was the court below authorized to set aside the verdict. We conclude that the motion was not sustained upon any ground other than those calling in…
2Cases cited1 opinion
- Conklin v. City of DubuqueSupreme Court of Iowa · 1880
3Cited by2 opinions
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936