White v. Walker
Decision Date | 20 June 1931 |
Docket Number | No. 40760.,40760. |
Parties | WHITE v. WALKER. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Madison County; W. S. Cooper, Judge.
Action for damages resulting from overturning of automobile while it was being driven by defendant and while plaintiff was riding with him as his guest. Verdict for plaintiff. New trial granted. Plaintiff appeals.
Affirmed.Percival & Wilkinson, of Winterset, for appellant.
C. E. Hamilton, of Winterset, and Walter L. Stewart, of Des Moines, for appellee.
Plaintiff alleges reckless driving, high and dangerous speed, and as a witness in her own behalf testified “fast driving is what caused it.” A statement signed by her in which she said: --was received in evidence on her cross-examination without objection. The signed statement of two witnesses inconsistent with their testimony was likewise received. The statements were marked, respectively, Exhibits 1 and 2. The issue of recklessness, not having the car under control and turning while going at such speed that the car was turned over, was submitted to the jury. Defendant requested that Exhibits 1 and 2 be sent to the jury room. They were “handed to the jury when the jury were leaving the room.” Plaintiff's counsel objected that they were not proper “to be in the hands of the jury during their deliberations,” and that they were taken “before we had time to make objections.” The court ruled: The court directed the bailiff: Defendant took exceptions. The jury returned a verdict for plaintiff. Motion for new trial made on various grounds was overruled except as the court held: The * * *”motion for new trial was accordingly sustained on this ground.
[1][2] The trial court exercises a wide discretion in granting a new trial, and this court is very reluctant to overrule its action in granting new trial. Werthman v. Railway Co., 128 Iowa, 135, 103 N. W. 135;Ellyson v. Peden (Iowa) 146 N. W. 759;Jelsma v. English (Iowa) 231...
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