Opinion

Nelson v. Iowa-Illinois Gas and Electric Company

160 N.W.2d 448
1968 Iowa Sup. LEXIS 902

Court: Supreme Court of Iowa
Filed: Jul 18, 1968
Status: Published
Author: Rawlings
On the bench: Moore, Garfield, Snell, Stuart, Mason, Legrand, Rawlings, Larson, Becker
Cited by: 8 cases
Authority: More cited than 9.4%

The opinion

RAWLINGS, Justice

(dissenting).

I respectfully dissent.

In my humble opinion the evidence, when viewed in a light most favorable to plaintiff, serves to create a jury issue. As we said in Cronk v. Iowa Power & Light Co., 258 Iowa 603, 612 , 138 N.W.2d 843 : “Whether a utility is negligent despite compliance with safety code is ordinarily a question for the jury or trier of fact.” See also rule 344(f) (10),R.C.P.

I would reverse and remand.

LARSON and BECKER, JJ., join in this dissent.

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