Case law

Colsch v. Chicago, Milwaukee & St. Paul Railway Co.

149 Iowa 176 · Supreme Court of Iowa · Jul 9, 1910

The answer of the defendant contains certain specific and qualified denials. It denies that it transported the cattle a short distance and then left the car upon the side track. … In the state of the pleadings and under the evidence, it was clearly nonprejudicial to the defendant in this case.

Davenport Bank & Trust Co. v. State Central Bank

485 N.W.2d 476 · Supreme Court of Iowa · May 13, 1992

Consequently, we conclude that State Central’s letter is clearly an offer in the legal sense. … Clearly, there was substantial evidence of consideration for the accord and satisfaction.

Matter of Sybers

583 N.W.2d 890 · Supreme Court of Iowa · Oct 5, 1998

Rieders would be qualified by “knowledge, skill, experience, training [and] education” to offer his opinion on a question of forensic toxicology. See Iowa R. Evid. 702,. … Clearly its motivation in seeking disinterment is not to find proof exculpating William Sybers.

France v. Benter

256 Iowa 534 · Supreme Court of Iowa · May 5, 1964

This leaves the question whether the facts show the plaintiff's failure to use due care so clearly appeared that a directed verdict was required. … The intent of the legislature that section 321.297 is to be read with and qualified by sections 321.299, 321.303, and 321.304 is clearly demonstrated.

Franken v. City of Sioux Center

272 N.W.2d 422 · Supreme Court of Iowa · Dec 20, 1978

A “wild animal” is defined in § 506, and there is no dispute here that Stubby qualifies for purposes of applying the Restatement rule of liability. … Instruction 9 listed the elements for recovery under the negligence theory, and stated that if they were established, plaintiff should recover, unless defendant established the defense of contributory negligence, in which

Mason v. World War II Service Compensation Board

243 Iowa 341 · Supreme Court of Iowa · Feb 5, 1952

Just how this Missouri record came to be made does not clearly appear. … It is perhaps unnecessary to define the term “legal resident” as used in section 35A.4, since plaintiff clearly qualified under any accepted definition when he entered active service and for seventeen months prior thereto

Zilske v. Albers

238 Iowa 1050 · Supreme Court of Iowa · Oct 14, 1947

Accompanying the petition was an affidavit of Goretska, an elector in the described territory, stating the number of qualified voters residing therein is two hundred fourteen. … We think this is what the statute clearly means. While ordinary rules of grammar are usually observed in the interpretation of statutes, such rules are not conclusive.

Adams v. Deur

173 N.W.2d 100 · Supreme Court of Iowa · Dec 9, 1969

Adams, deceased, you will allow such damages for the services and support as a spouse and parent as has been established by a preponderance of the evidence. … Cooney, 259 Iowa 1278, 1282 , 147 N.W.2d 819 , an issue, such as proximate cause, may be established by circumstantial evidence.

State v. Williams

305 N.W.2d 428 · Supreme Court of Iowa · May 13, 1981

. *431 The amendment here was clearly intended to add a third offense, and the parties have so treated it throughout the proceedings. … The defendant argues that there was insufficient showing that Bolin possessed the requisite skill, knowledge or experience in the field to qualify him to testify as to the value of the marijuana.

Miller v. Register and Tribune Syndicate, Inc.

336 N.W.2d 709 · Supreme Court of Iowa · Jul 20, 1983

After discussion the following resolution establishing an “Independent Litigation Committee” was adopted unanimously. … The words “independent directors” as used in this opinion refer to those directors meeting the test established in note 3, infra. .

Yates v. Iowa West Racing Ass'n

721 N.W.2d 762 · Supreme Court of Iowa · Sep 15, 2006

Clearly, an accusation of a crime is laden with factual content and the facts are easily verifiable. Such was the case in Milko-vich. … Therefore, in a case of this kind, proof that the animal died or was permanently injured does not establish a case for the plaintiff.

Worez v. Des Moines City Railway Co.

175 Iowa 1 · Supreme Court of Iowa · Mar 15, 1916

What plaintiff attempted to put in evidence is clearly labeled by the colloquy concerning it. … But the absence of such walls and guards does not establish actionable negligence.

State v. McClelland

162 N.W.2d 457 · Supreme Court of Iowa · Nov 12, 1968

It is generally held such a photograph is merely a pictorial communication made by a qualified witness and is competent evidence of anything that witness could verbally describe. 23 C.J.S. … Although the cigarettes found in the automobile were not clearly identified, it still remains identity of some other items then and there discovered was properly established and they- were shown to have been removed from

Stoner McCray System v. City of Des Moines

247 Iowa 1313 · Supreme Court of Iowa · Oct 16, 1956

The facts were established without material dispute in the record. … We conclude plaintiff’s vested interest was clearly established in a useful and legal structure and business prior to the enactment of the ordinance in question. Rehmann v. Des Moines and Crow v.

Diagonal State Bank v. Nichols

219 Iowa 342 · Supreme Court of Iowa · Feb 5, 1935

Nichols, the surviving wife of John Nichols, was named as executrix of the will and qualified and served as such until the approval of her final report on August 29, 1905. The will devised to the wife, Mary E. … Clearly, without any question, the estate that he was leaving, and with which his will dealt. It might be doubtful whether or not, if Mary E.

State of Iowa v. David Howard Rooney

862 N.W.2d 367 · Supreme Court of Iowa · Apr 10, 2015

Instruction No. 16 instructed the jury regarding what qualified as an occupied structure. Instruction No. 16 provided: A building or structure is an “occupied structure” if it: 1. … In order to qualify under the activity and purpose alternative, the structure must be adapted “for storage or safekeeping of anything of value.”

Giere v. Aase Haugen Homes, Inc.

259 Iowa 1065 · Supreme Court of Iowa · Dec 13, 1966

It is a common experience of compensation and personal injury lawyers to find that the more distinguished a medical witness is, the more tentative and qualified are his statements on the witness stand.” 2 Larson’s Workmen … The commissioner clearly indicated that his view of the evidence justified the conclusion that the prior complaints indicated a preexistent hernia.

State v. Kelsey

201 N.W.2d 921 · Supreme Court of Iowa · Nov 15, 1972

It clearly does more than generate suspicion, speculation and conjecture and suffices to raise a fair inference of guilt. … The protection against self-incrimination because of the 14th amendment which guarantees to all United States citizens, no matter where located, the immunities proclaimed to them in Federal territory, applies as effectively

Prior v. Rathjen

199 N.W.2d 327 · Supreme Court of Iowa · Jun 29, 1972

Landlord contends, however paragraphs 2, 4 and 5 consist of negatives pregnant, which qualify as implied admissions, thus presenting no genuine issue of fact. for trial. … These allegations are clearly nothing more than bare formal conclusory denials, thus deficient under rule 237(e). On the other hand elevator argues Mr.

Amended May 3, 2017 Tunis E. Den Hartog, Shirley Ann Schweertman, Leonard G. Lybbert, Mary Ellen Molinaro, William James Robert, and Mark D. Fisher v. City of Waterloo, Iowa

Supreme Court of Iowa · Mar 10, 2017

Effect should also “be given to that which is clearly implied as well as that which is expressed.” Bear v. Iowa Dist. … Without this status, Sunnyside does not qualify for notice since it was clearly not an owner of the right-of-way at the time it was acquired.