Willoughby v. Chicago & North-western R. R.
Supreme Court of Iowa
Appeal from Marshall Circuit Gourt. Friday, October 24. The plaintiff brings this action to recover damages for injuries to himself, his horses and wagon, by a train of freight cars negligently run on the defendant’s railroad while the plaintiff was crossing the same on the public highway. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals. The further facts are stated in the opinion.
1Opinion of the CourtMiller, J.
I. The first error complained of is that the court erred in not ruling, on defendant’s motion, “ that the verdict was contrary to the evidence.” We have carefully examined the evidence, and find that the verdict cannot be disturbed on this ground. Whatever we may think as to the preponderence of the evidence, and without reference to the verdict we would be inclined to find thereon, were we called to pass thereon in the first instance, it is sufficient to say that the evidence is conflicting; on the part of the plaintiff supporting the verdict, on the part of defendant directly the opposite.…
2Cases cited1 opinion
- State v. FarrSupreme Court of Iowa · 1871
3Cited by3 opinions
- Atchison, T. & S. F. R. v. McClurgCourt of Appeals for the Eighth Circuit · 1894
- St. Louis-San Francisco Railway Company v. GreenSupreme Court of Oklahoma · 1955
- Carpenter v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904