Legal Opinion

Morris v. Omaha & Council Bluffs Street Railway Co.

Supreme Court of Iowa

Decided April 4, 1922PublishedCited by 8 opinions

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

  1. Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
  2. Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
  3. Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
  4. Chesley v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1920
  5. Macon Railway & Light Co. v. ViningSupreme Court of Georgia · 1904

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Jacobson v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
  2. Burton v. Des Moines Metropolitan Transit AuthoritySupreme Court of Iowa · 1995
  3. Fitzgerald v. Des Moines City Railway Co.Supreme Court of Iowa · 1926
  4. Murray v. Cedar Rapids City Lines, Inc.Supreme Court of Iowa · 1951
  5. MacLearn v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1931

3 more not listed; retrieve them via the Exa API.

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