# Bauman v. City of Waverly

> Supreme Court of Iowa · February 11, 1969 · 164 N.W.2d 840

URL: https://www.frixlaw.com/law-library/cases/9858307

## Case

- **Full name:** Marie R. BAUMAN and Otto Bauman, Appellees, v. CITY OF WAVERLY, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** February 11, 1969
- **Citations:** 164 N.W.2d 840; 1969 Iowa Sup. LEXIS 751
- **Precedential status:** Published
- **Opinion:** Concurrence by Garfield
- **Judges:** Legrand, Garfield, Snell, Stuart
- **Cited by:** 25 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/9858307

## Opinion text

GARFIELD, Chief Justice
(concurring specially).
I concur but would add to Division II of the majority opinion that, as applied to the present case, where as instruction 12 does here, the jury is told in a single instruction that a plaintiff is entitled to recover if he proves the propositions on which he has the burden and there is an affirmative defense on which defendant has the burden, the instruction must also state that plaintiff is not entitled to recover if the defense is proven.
SNELL and STUART, JJ., join in this special concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858307. Public record. Not legal advice.