Hensley v. Davidson Bros. Co.
| Decision Date | 14 June 1905 |
| Parties | HENSLEY v. DAVIDSON BROS. CO. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Polk County; W. H. McHenry, Judge.
Suit to recover damages for a personal injury. There was a directed verdict for the defendant. The plaintiff appeals. Reversed.Ryan, Ryan & Ryan, for appellant.
Carr, Hewitt, Parker & Wright, for appellee.
The plaintiff, while passing along a public street of the city of Des Moines, was run over and injured by the defendant's team, which at the time was running away without a driver. At the close of the evidence the court directed a verdict for the defendant, and the sole question before us is whether there was error in so doing. The negligence charged was that the defendant left its team standing without being tied on a public street of the city. The defendant occupied a business house on the west corner of West Third and Depot streets, the building fronting Third street and extending about 66 feet west along Depot street. Near the back end of the building on Depot street there was a freight door that was generally used for receiving and discharging freight, and where the team in question was usually tied when not in use. On the day in question the plaintiff rode in a wagon with Mr. E. H. McDaniel to the old Rock Island Depot, located south of Depot street, between Third and Fourth streets, where she alighted, and where Mr. McDaniel remained, as he testified, about 10 minutes, while the plaintiff went to the present passenger station of the road west of Fourth street, and returned to his wagon. While the plaintiff was returning west along Depot street to the west passenger station she was overtaken by the defendant's team and injured. That the team had started from some point on Depot street between Third and Fourth is unquestioned. Mr. McDaniel testified that during the 10 minutes that he was waiting in Depot street the defendant's team stood untied just across the street north and a little east of him; that he noticed them particularly, and that they were nipping at each other in a playful way. He testified that the team was still standing there when he started away; that he drove west on Depot street ahead of the plaintiff, and that when he had reached a point about 100 feet west of Fourth street his attention was attracted to the defendant's team by the noise of the wagon, and that he looked around and saw it strike the plaintiff, who was then near the northeast corner of...
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Miller v. United Railways Company of St. Louis And American Storage
...97 Mo.App. 362, 71 S.W. 362; Turner v. Page, 186 Mass. 600, 72 N.E. 329; Zambelli v. Johnson, 115 La. 483, 39 So. 501; Hensley v. Davidson (Ia.), 103 N.W. 975.] plaintiff's proof reveals the horses were hitched by tying the lines to the hounds of the wagon to which they were attached, the q......
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Lawson v. Fordyce
...Hensley v. Davidson Bros. & Co., 135 Iowa 106, 107, 112 N.W. 227, 14 Ann.Cas. 62: 'The law of the case was settled on the former appeal (103 N.W. 975); and, whether right or wrong, that ruling so far as applicable to this case is a part of the irrevocable past.' (Italics ours.) Bryan & Co. ......
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Miller v. United Rys. Co. of St. Louis
...97 Mo. App. 362, 71 S. W. 362; Turner v. Page, 186 Mass. 600, 72 N. E. 329; Zambelli v. Johnson, 115 La. 483, 39 South. 501; Hensley v. Davidson (Iowa) 103 N. W. 975. Though plaintiff's proof reveals the horses were hitched by tying the lines to the hounds of the wagon to which they were at......
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Hensley v. Davidson Bros. Co.
...District Court, Polk County; W. H. McHenry, Judge. Action for damages. The facts are recited in the opinion filed on the first appeal. 103 N. W. 975. A second trial resulted in a verdict for the plaintiff which the court, on its own motion, set aside. From this ruling the plaintiff has appe......