Case law

Baty v. Binns

354 N.W.2d 777 · Supreme Court of Iowa · Sep 19, 1984

The primary issue on appeal is whether the doctrine of pure comparative negligence established in Goetzman v. … As to the first two categories, the defendants are clearly correct. Nannie must therefore qualify for Goetzman treatment, if at all, under the third category specified above.

Rowley v. City of Cedar Rapids

203 Iowa 1245 · Supreme Court of Iowa · Feb 8, 1927

negligence was charged was acting for the city and within the scope of his duty or employment, and that the fact that such officer or employee was in the performance of a governmental act was purely defensive, the petition was clearly … Saunders, 196 Iowa 380 , we said: “A public official may be guilty of negligence in the performance of official duties for which his official character gives him no immunity. ’ ’ The Supreme Judicial Court of Massachusetts

In re Estate of Pedersen

198 Iowa 166 · Supreme Court of Iowa · Jan 15, 1924

and unmistakably infringe upon constitutional provisions that the court should interfere with the established prerogatives of the coordinate branch of the government. … It does not grant to any citizen or class of citizens any privileges or immunities which, upon the same terms, shall not equally belong to all citizens.

In the Interest of W.B.

328 N.W.2d 518 · Supreme Court of Iowa · Jan 19, 1983

It points to Iowa Code section 223.4, which provides the general criteria for admission to the Oakdale facility, and argues that a juvenile does not qualify. … While a “suitable” facility is not defined under chapter 232, it is clear that a facility mixing juvenile and adult offenders would not qualify.

Teleconnect Co. v. U.S. West Communications, Inc.

508 N.W.2d 644 · Supreme Court of Iowa · Nov 24, 1993

West asserts that under the filed tariff doctrine, Teleconnect has no claim under its various contract and tort theories because the published tariff constructively notified Teleconnect that it did not qualify to purchase … We refuse to grant Teleconnect preferential treatment under the otherwise uniform tariff regime that the Iowa legislature and the utilities board have established.

Lloyd v. Drake University

686 N.W.2d 225 · Supreme Court of Iowa · Sep 1, 2004

It offered him a transfer to openings elsewhere, but the only one he qualified for was a custodial position. Drake kept Lloyd on the payroll for three months, but Lloyd refused to accept a transfer. … Corp., 412 N.W.2d 562, 566 (Iowa 1987) (“The mere breach of a promise is never enough in itself to establish the fraudulent intent.

Hollenbeck v. Gray

185 N.W.2d 767 · Supreme Court of Iowa · Apr 9, 1971

The evidence established beyond dispute no other organization in Cerro Gordo County could reasonably qualify as the intended beneficiary of this provision. … Clearly, compliance with this provision of the will could be shown only by extrinsic evidence, and we do not understand the defendants question this rule.

Deere Manufacturing Company v. Zeiner

247 Iowa 1364 · Supreme Court of Iowa · Sep 18, 1956

The record clearly shows and plaintiff asserts in argument several times there is no property in Polk County or in Iowa similar or comparable to plaintiff’s. … There is clearly insufficient basis for holding plaintiff’s assessment should be re *1376 duced as inequitable when compared to similar properties.

Pixler v. Clemens

195 Iowa 529 · Supreme Court of Iowa · Jan 16, 1923

We are not advised as to the basis for the ruling of the court on the motion to direct, except the conelusion that may be drawn that plaintiff failed to establish by competent evidence the material allegations of his petition … Clearly it is not contributory negligence as a matter of law for a 14-year old boy to walk along with his playmates on the side of an unpaved street of an Iowa village. Roennau v. Whitson, 188 Iowa 138 .

Conly v. Dilley

153 Iowa 677 · Supreme Court of Iowa · Dec 18, 1911

The second is the consent given by resolution of the city council to the individual applicant proposing to establish or conduct a liquor saloon. … Some of the counsel appearing for appellants deny this limitation; but we think it clearly implied from the conditions laid down in Code, section 2448.

North Star Steel Co. v. Iowa Department of Revenue

380 N.W.2d 677 · Supreme Court of Iowa · Jan 15, 1986

Our cases clearly place the burden of proof on North Star. … State Department of Revenue, 175 N.W.2d 393, 395 (Iowa 1970) (real property does not qualify for exempt status); see Fischer Artificial Ice & Cold Storage Co. v.

Aller v. Rodgers MacHinery Mfg. Co., Inc.

268 N.W.2d 830 · Supreme Court of Iowa · Jul 26, 1978

It can be established by circumstantial evidence. Kleve v. … Certain well-established principles guide us in our review of matters such as this. In Clubb v.

Stewart v. Madison

278 N.W.2d 284 · Supreme Court of Iowa · Apr 25, 1979

The claimants in this case were clearly in a position to hear; in fact, subsequent events establish they were too close to the tracks. The facts are distinguishable from Hoffard v. … We fail to find any basis for the contention that contributory negligence of Madison, even assuming it was established as a matter of law, could have been prejudicial to the railroad.

Stevenson v. Stoufer

237 Iowa 513 · Supreme Court of Iowa · Jan 8, 1946

defendant demanded of and received from plaintiff’s decedent $3.50 per week for the occupancy of said Room 323; decedent died October 18, 1943; plaintiff was appointed administrator of his estate on January 22, 1944, and qualified … Administration, B. 15), and there is no act of Congress which establishes any other rule in respect to actions on the penal statutes of the United States.

Noun v. Turner

193 N.W.2d 784 · Supreme Court of Iowa · Jan 14, 1972

All of the applicants are concededly qualified electors of this State. Applicants Noun, Lloyd-Jones and Owens, in their application contend: 1. … Attorney fees may not be awarded as part of costs unless clearly authorized by constitutional provision, statute, rule or contract.

Simpson v. Kollasch

749 N.W.2d 671 · Supreme Court of Iowa · Mar 28, 2008

He is concerned biologic agents from the proposed facility may cause him infection in light of his compromised immune system. … Until the facility is in operation, we cannot say it inevitably will produce odors which qualify as a nuisance. 4. Property value concerns.

In Re JAL

694 N.W.2d 748 · Supreme Court of Iowa · Apr 8, 2005

A court abuses its discretion when it exercised its discretion on "grounds or for reasons clearly untenable or to an extent clearly unreasonable." State v. Maghee, 573 N.W.2d 1, 5 (Iowa 1997). … A ground or reason based on an erroneous application of the law is clearly untenable. Waits v. United Fire & Cas. Co., 572 N.W.2d 565, 569 (Iowa 1997).

Wyatt v. Town of Manning

217 Iowa 929 · Supreme Court of Iowa · Sep 26, 1933

In accordance with the aforesaid authorization, those public questions, after the publication of due notice, were submitted to the qualified electors of Manning on December 9, 1932. … Clearly; the proposition did not contemplate the acquisition, operation or maintenance of the plant. Nothing is said in the ballot about acquiring a plant.

Johannsen v. Mid-Continent Petroleum Co.

232 Iowa 805 · Supreme Court of Iowa · Aug 11, 1942

It was held that presumptively the corporation was a distinct legal entity, and under the record it was clearly established to be such; the facts being that the corporation was carrying on a business separate and distinct … The Delaware corporation owned all of the stock of the Kentucky corporation with the exception of about 20 shares of stock transferred to- the directors of the Delaware corporation so that they might qualify as directors

Richardson v. City of Jefferson

257 Iowa 709 · Supreme Court of Iowa · Apr 6, 1965

If it clearly intended to confer the power, the courts should hold it to exist, otherwise not.” … That we are not to apply rules of construction where the statute is clear and unambiguous is well established. No ambiguity appears in the first three sentences of chapter 235, Acts of Sixtieth' General Assembly.