Eaton v. Crips

CourtUnited States State Supreme Court of Iowa
Writing for the CourtKINNE
Citation94 Iowa 176,62 N.W. 687
Decision Date04 April 1895
PartiesEATON v. CRIPS ET AL.

94 Iowa 176
62 N.W. 687

EATON
v.
CRIPS ET AL.

Supreme Court of Iowa.

April 4, 1895.


Appeal from district court, Wapello county; W. D. Tisdale, Judge.

Action for damages for a personal injury. Trial to a jury. Verdict and judgment for plaintiff. Defendants appeal. Affirmed.

[62 N.W. 687]

McElroy & Roberts and L. C. Hendershott, for appellants.

S. E. Adler, W. W. Cory, and C. C. Leech, for appellee.

[62 N.W. 688]


KINNE, J.

1. On October 22, 1892, plaintiff, while attempting to cross the street at the corner of Main and Market streets, in the city of Ottumwa, for the purpose of taking passage upon a street car which had stopped in the center of Main street, was struck, knocked down, and seriously injured by a team driven by a servant of the defendants. The negligence charged against the defendants is in recklessly and carelessly driving the team and carriage against the plaintiff, and in driving at a rate of speed contrary to law and the ordinance of the city of Ottumwa, by reason of which she sustained the injury complained of. She also avers that she was in the exercise of due care. Defendants deny all of the allegations of the petition.

2. One of the main defenses relied upon is contributory negligence. It is said that although plaintiff testifies she looked in the direction from which the team and vehicle came which struck her, and that she listened for teams, and saw and heard none, her evidence cannot be true, and that the evidence shows that there was nothing to prevent her seeing the team in time to have avoided the accident had she looked and listened. In the consideration of this question, it is proper that we notice the special findings of the jury. They were, in substance, that plaintiff looked and listened for the approach of teams just before she passed over the street; that she could not by looking for approaching teams, just before she passed over the street, have seen defendants' team in time to have avoided the injury; that the injury was the result of the negligence of the driver of the team, defendants' servant; and that such negligence consisted in fast and careless driving. If these findings were warranted by the evidence, it is clear that plaintiff was not negligent. We think the jury were warranted in finding as they did. We cannot undertake to set forth all the facts which lead us to this conclusion. It is not strange that plaintiff did not see the team and vehicle which struck her. There were many people in the street. She was 63 years old, and somewhat feeble, and her eyesight was defective. People were getting off of the car, and a band was playing near by, which would have a tendency to prevent her hearing the approach of the team. As the vehicle approached plaintiff, the speed of the team was increased. The driver was in a hurry to make a train. When she was struck, she was within a step of the car. Her vision was, to a certain extent, cut off by the passing of people between her and the team. These and other facts show that there is nothing inconsistent in plaintiff's claim that she looked and listened for approaching teams, and saw and heard none. The verdict and special findings are fully sustained by the evidence.

3. Error is assigned on the refusal of the court to...

To continue reading

Request your trial
8 practice notes
  • Perry v. Mcadoo, (No. 35.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 10, 1920
    ...on Negligence (6th Ed.) § 654, p. 1713; Moebus v. Herrmann, 108 N. Y 349, 15 N. E. 415, 2 Am. St. Rep. 440; Eaton v. Cripps, 94 Iowa, 176, 62 N. W. 687; Hall v. Ogden R, Co., 13 Utah, 243, 44 Pac. 1046, [104 S.E. 680] 57 Am. St. Rep. 726. No omission of the railroad company, such as failure......
  • United States Brewing Co. v. Stoltenberg
    • United States
    • Supreme Court of Illinois
    • October 24, 1904
    ...of a city ordinance as to the speed of horses is good. Higgins v. Deeney, 78 Cal. 578, 21 Pac. 428;Eaton v. Cripps, 94 Lowa, 176, 62 N. W. 687; Mittelstadt v. Morrison, 76 Wis. 265, 44 N. W. 1103;McRickard v. Flint, 114 N. Y. 226, 21 N. E. 153; Elliott on Roads and Streets (2d Ed.) § 839. W......
  • Pillet v. Ershick
    • United States
    • United States State Supreme Court of Florida
    • March 8, 1930
    ...Ill.App. 315, text 318; Evans v. Adams Express Co., 122Ind. 362, 23 N.E. 1039, 7 L. R. A. 678; Eaton v. Cripps & Bros., 94 Iowa, 176, 62 N.W. 687; Purtell v. Jordan, 156 Mass. 573, 31 N.E. 652. The rule applies with particular appropriateness to cities where the use of streets and stree......
  • Graham v. Hagmann, No. 10058.
    • United States
    • Supreme Court of Illinois
    • December 9, 1915
    ...a person about to cross a railroad track at a grade crossing are not in point. Hennessey v. Taylor, supra; Eaton v. Cripps, 94 Iowa, 176, 62 N. W. 687;Diamond v. Cowles, 174 Fed. 571, 98 C. C. A. 417;Tiffany & Co. v. Drummond, 168 Fed. 47, 93 C. C. A. 469. Railroads are engaged in the p......
  • Request a trial to view additional results
8 cases
  • Perry v. Mcadoo, (No. 35.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 10, 1920
    ...on Negligence (6th Ed.) § 654, p. 1713; Moebus v. Herrmann, 108 N. Y 349, 15 N. E. 415, 2 Am. St. Rep. 440; Eaton v. Cripps, 94 Iowa, 176, 62 N. W. 687; Hall v. Ogden R, Co., 13 Utah, 243, 44 Pac. 1046, [104 S.E. 680] 57 Am. St. Rep. 726. No omission of the railroad company, such as failure......
  • United States Brewing Co. v. Stoltenberg
    • United States
    • Supreme Court of Illinois
    • October 24, 1904
    ...of a city ordinance as to the speed of horses is good. Higgins v. Deeney, 78 Cal. 578, 21 Pac. 428;Eaton v. Cripps, 94 Lowa, 176, 62 N. W. 687; Mittelstadt v. Morrison, 76 Wis. 265, 44 N. W. 1103;McRickard v. Flint, 114 N. Y. 226, 21 N. E. 153; Elliott on Roads and Streets (2d Ed.) § 839. W......
  • Pillet v. Ershick
    • United States
    • United States State Supreme Court of Florida
    • March 8, 1930
    ...Ill.App. 315, text 318; Evans v. Adams Express Co., 122Ind. 362, 23 N.E. 1039, 7 L. R. A. 678; Eaton v. Cripps & Bros., 94 Iowa, 176, 62 N.W. 687; Purtell v. Jordan, 156 Mass. 573, 31 N.E. 652. The rule applies with particular appropriateness to cities where the use of streets and stree......
  • Graham v. Hagmann, No. 10058.
    • United States
    • Supreme Court of Illinois
    • December 9, 1915
    ...a person about to cross a railroad track at a grade crossing are not in point. Hennessey v. Taylor, supra; Eaton v. Cripps, 94 Iowa, 176, 62 N. W. 687;Diamond v. Cowles, 174 Fed. 571, 98 C. C. A. 417;Tiffany & Co. v. Drummond, 168 Fed. 47, 93 C. C. A. 469. Railroads are engaged in the p......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT