# Rogers Ex Rel. Rogers v. Jefferson

> Supreme Court of Iowa · May 2, 1939 · 226 Iowa 1047

URL: https://www.frixlaw.com/law-library/cases/3437381

## Case

- **Full name:** George Rogers, a Minor, by His Next Friend, George L. Rogers, Appellee, v. W. D. Jefferson, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** May 2, 1939
- **Citations:** 226 Iowa 1047; 285 N.W. 701
- **Precedential status:** Published
- **Opinion:** Concurrence by Oliver
- **Judges:** Hale, Richards, Hamilton, Sager, Oliver, Mitchell, Stiger, Bliss, Miller
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3437381

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3437381. Public record. Not legal advice.