Morris v. Omaha & Council Bluffs Street Railway Co.
Supreme Court of Iowa
Appeal from Pottaivattamie District Court. — O. D. Wheeler, .Judge. Action in tort to recover damages for alleged negligence in the operation of one of the defendant’s street cars. At the close of all the testimony the court sustained a motion for directed verdict in favor of defendant and entered judgment for costs against plaintiff. Pl.aintiff appeals. —
1Opinion of the CourtDe Graff, J.
— Plaintiff essayed recovery of damages upon a petition in which it is alleged that the defendant was negligent in the operation of one of its street ears on which the plaintiff was a passenger. To the allegations therein the defendant opposes a general denial. The skirmish in the trial court resulted in a directed verdict for defendant and to test the correctness of this ruling plaintiff prosecutes this appeal.
Two questions are presented: (1) Did the plaintiff occupy the relation of passenger, to the street car company at the time of the injury? (2) Was the negligence of the defendant…
2Cases cited12 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
- Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
- Chesley v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1920
- Macon Railway & Light Co. v. ViningSupreme Court of Georgia · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jacobson v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
- Burton v. Des Moines Metropolitan Transit AuthoritySupreme Court of Iowa · 1995
- Fitzgerald v. Des Moines City Railway Co.Supreme Court of Iowa · 1926
- Murray v. Cedar Rapids City Lines, Inc.Supreme Court of Iowa · 1951
- MacLearn v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1931
3 more not listed; retrieve them via the Exa API.