Opinion

Rogers Ex Rel. Rogers v. Jefferson

  • 226 Iowa 1047
  • 285 N.W. 701
Court
Supreme Court of Iowa
Filed
May 2, 1939
Status
Published
Author
Oliver
On the bench
Hale, Richards, Hamilton, Sager, Oliver, Mitchell, Stiger, Bliss, Miller
Cited by
22 cases
Authority
More cited than 39.0%

The opinion

Oliver, J.

(specially concurring)- — -Although I do not think we should slavishly follow precedents which to us may not appear sound, I believe we should be very hesitant in reversing a former holding of this court based upon the same record. In George L. Rogers v. Jefferson, 224 Iowa 324 , 275 N. W. 874 , this court held that the question of contributory negligence, here involved, was for the jury. Although not strictly stare decisis in this case, I am inclined to follow that holding without expressing an opinion as to its correctness.

Mitchell, C. J., concurs in this special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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