Legal Opinion
Kellman v. Stoltz
District Court, N.D. Iowa
Decided May 14, 1941No. 32 CivilPublishedCited by 12 opinions
1Opinion of the Court
SCOTT, District Judge.
In the above entitled cause a motion filed and this day ruled upon, inter alia, asked the dismissal of the cause upon thex ground that plaintiff had failed to affirmatively allege that plaintiff was free from contributory negligence.
The matter of the particular requirement of the motion presents the questionofjvEiether the Iowa rule in negligence cases which puts upon the plaintiff the burden of exculpating himself from contributory negligence as a part of his main case, is a rule of procedure or a substantive jmle of the common law. The question arises not only because…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Wayman v. SouthardSupreme Court of the United States · 1825
- Kring v. MissouriSupreme Court of the United States · 1883
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Florida Rules of Criminal ProcedureSupreme Court of Florida · 1973
- Avila South Condominium Ass'n, Inc. v. Kappa Corp.Supreme Court of Florida · 1977
- State Ex Rel. Frederick v. District Court of Fifth Judicial District Ex Rel. County of Big HornWyoming Supreme Court · 1965
- Dean v. StateWyoming Supreme Court · 2003
- Sheneman v. Division of Workers' Safety & Compensation Internal Hearing UnitWyoming Supreme Court · 1998
7 more not listed; retrieve them via the Exa API.