(Download) "Isaacs v. Eastern Iowa L. & P. Cooperative" by Supreme Court Of Iowa. ~ eBook PDF Kindle ePub Free
eBook details
- Title: Isaacs v. Eastern Iowa L. & P. Cooperative
- Author : Supreme Court Of Iowa.
- Release Date : January 19, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an action for damages for injuries occasioned by electric current from appellant's transmission line in Johnson County, Iowa. Count I of plaintiff's petition relies upon the presumption of negligence created by section 8323, Code of Iowa, 1939, and Count II, which was withdrawn by the trial court, was for specific acts of negligence. The allegations we have to consider are based on Count I. Appellant in its answer denied any negligence and averred that appellee's injuries were due to an act of God and an unavoidable casualty. Motion of appellant for directed verdict was overruled and the verdict of the jury was in favor of appellee. The line owned and operated by appellant is in Johnson county. The injuries sustained occurred about two and one-half miles southwest of Iowa City, on a rural highway running past what is known as the Kelly farm and appellee's home. The transmission line runs northward along and parallel with the east side of the road until it reaches the Kelly farmyard, where, to avoid a grove of trees, the line crosses to the west side of the road and continues northward along the west side for several hundred feet, when it recrosses the road to the east side and continues northward from that point. The accident occurred at the north crossing of the line from the west to the east side of the road, and the pole involved in the accident is the first pole north of the Kelly farmyard on the east side of the road. A telephone line which served appellee's home, her brother's place, and other homes in that vicinity runs along the west side of the road where the accident occurred. From this telephone line there was a two-wire lead-in line into the Kelly house, extending across the road and under the transmission line. The pole immediately north of the Kelly farmyard is braced with a guy [236 Iowa Page 404]
 "Isaacs v. Eastern Iowa L. & P. Cooperative" by Supreme Court Of Iowa. ~ eBook PDF Kindle ePub Free){kind=link}