Case law

Weber v. Madison

251 N.W.2d 523 · Supreme Court of Iowa · Mar 16, 1977

in a situation clearly entailing foreseeable harm or damage to plaintiff and others driving through the underpass.” … The well-established “customs and habits of our people, with reference to the care of poultry” we noted in Kimple, 161 Iowa 664 , 143 N.W. 507 , have largely gone the way of the model T Ford.

Hutchinson v. Broadlawns Medical Center

459 N.W.2d 273 · Supreme Court of Iowa · Jul 18, 1990

Instruction 15 stated that the mere fact that an incident occurred and a lawsuit was filed did not establish that the defendants were negligent. … If it did, any person appointed as custodian would qualify as a “parent” for purposes of this section, thereby expanding it beyond its clearly expressed parameters.

State ex rel. Cox v. Consolidated Independent School District

246 Iowa 566 · Supreme Court of Iowa · Feb 8, 1955

The first notice (required by Code section 276.4) is clearly intended to advise any potential objectors. … P., and affected by the proposed consolidation, was qualified as relator to question the legality of the procedure.

Mandy Tripp v. Scott Emergency Commc'n and Iowa Municipalities Workers' Comp. Assoc.

Supreme Court of Iowa · Jun 3, 2022

Tripp’s PTSD diagnosis thus likewise qualifies as a “personal injury” under the statute. … Few people, if any, could know if they possess such an immunity going in. And none would know for certain that they’d be able to maintain it.

Mason v. Vision Iowa Board

700 N.W.2d 349 · Supreme Court of Iowa · Jul 15, 2005

Consequently, we must determine whether the undisputed facts establish that the negotiating committee did not deliberate or act within the scope of any policy-making duty so that its gathering did not qualify as a “meeting … Chapter 21 clearly reaches only those meetings at which the governmental body deliberates or acts in a “policy-making” role.

State v. Klindt

389 N.W.2d 670 · Supreme Court of Iowa · Jun 18, 1986

decided, we adopted Iowa Rule of Evidence 702, which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Russell, 261 N.W.2d 490 (Iowa 1978), we recognized McMillan’s criteria but applied a more abbreviated test: Whether “evidence clearly establishes] that it is accurate and trustworthy.” Id. at 495 .

Mandy Tripp v. Scott Emergency Commc'n and Iowa Municipalities Workers' Comp. Assoc.

Supreme Court of Iowa · Jun 3, 2022

Tripp’s PTSD diagnosis thus likewise qualifies as a “personal injury” under the statute. … Few people, if any, could know if they possess such an immunity going in. And none would know for certain that they’d be able to maintain it.

State v. Ogg

243 N.W.2d 620 · Supreme Court of Iowa · Jun 30, 1976

The proposition is thus well established that a question asking an opinion of law or of mixed law and fact (requiring application of a legal standard to the facts) may *624 not properly be put to a witness. … Zimmerman's answer clearly goes to an ultimate question to be decided by the jury —whether, under § 204.401(1), defendant possessed the tablets with intent to deliver.

State v. McCoy

692 N.W.2d 6 · Supreme Court of Iowa · Feb 4, 2005

Clearly, the defendant’s incriminating statements about helping with the disposal of the body and the cleanup of the apartment were crucial pieces of evidence. … Clearly, in our opinion, the defendant took the stand in an attempt to overcome and explain the incriminating statements he had made.

Logsdon v. Anderson

239 Iowa 585 · Supreme Court of Iowa · Feb 10, 1948

The trial court found that the evidence was insufficient to show any mutual agreement for the maintenance of this ditch but found for defendants and denied injunctive relief on the ground that a system, of drainage wa^ established … Clearly, as to the plaintiff in this case, the ditch was not a natural watercourse.

Wharff v. Iowa Methodist Hospital

219 N.W.2d 18 · Supreme Court of Iowa · May 22, 1974

The record clearly shows, however, no motion for continuance was ever filed. Finally, the dismissal was allegedly caused by oversight or mistake of plaintiff’s counsel. … “ * * * The rule that courts favor trials on the merits should be qualified to read that courts favor expeditious trials on the merits, under settled rules of procedure.

Nelson v. C. F. Adams Co.

179 Iowa 586 · Supreme Court of Iowa · Mar 12, 1917

One of these was located at Omaha, Nebraska, under which an office or store was established at Des Moines with a superintendent in charge. At the time in question, W. Y. … Thus, Ridgley, having qualified, and having said he knew the custom of those he had worked for, was asked— “to state whether or not there Avas a certain custom as to the authority of agents such as Amsbaugli in the case at

Bakke v. Bakke

242 Iowa 612 · Supreme Court of Iowa · May 8, 1951

Annette Bakke qualified as executrix and administered the estate. The assets of the estate included a home, money in the bank, and some notes and mortgages. … Under this situation the mistake, if any, was as to the legal consequences of the known facts, clearly a legal question, and is not a basis for equitable relief. In the early case of Pierson v.

Borchard v. Anderson

542 N.W.2d 247 · Supreme Court of Iowa · Jan 17, 1996

Crabb, 281 N.W.2d 616, 619-20 (Iowa 1979) (abolishing interspousal tort immunity), and even recovered damages for emotional distress. Hysell v. Iowa Pub. Serv. Co., 559 F.2d 468 , 472 (8th Cir.1977); Northrup v. … Under the facts here plaintiffs claim clearly falls into the second category of eases— traumatic injury/latent manifestation.

State Of Iowa Vs. Adam Donald Musser

Supreme Court of Iowa · Aug 4, 2006

Finally, the witness was qualified to give this testimony, as he was an employee of the agency designated by law as the custodian of these reports. … In order to establish a due process violation based upon prosecutorial misconduct, the defendant must first establish proof of misconduct. Id. at 869.

State v. Ebelsheiser

242 Iowa 49 · Supreme Court of Iowa · Aug 1, 1950

The change in the position of the body was testified to clearly and must have been understood by the jury. Defendant cites 20 Am. … The jury was clearly told the burden was on the State to establish beyond a reasonable doubt that defendant did not act in self-defense. VII.

Thomsen v. Thomsen

232 Iowa 1161 · Supreme Court of Iowa · Feb 9, 1943

The facts as herein stated were established by competent evidence. … It appears to the court the record clearly establishes that there was such an agreement as the appellant contends for.

Greiner v. Swartz

167 Iowa 543 · Supreme Court of Iowa · Nov 28, 1914

Prior to this time a drainage district including the land in question had been established by the joint action of the boards of supervisors of Marshall *545 county and Story county, and an assessment of benefits thereon had … The conclusion reached by the trial court is clearly correct-.

In Re Small's Estate

58 N.W.2d 477 · Supreme Court of Iowa · May 5, 1953

Waite alone qualified as executors, as the other two nominees predeceased the testator. On the petition of the widow, Mr. Sias and Mr. … It is clearly evident that it was the intention of Dr.

State of Iowa v. Peter Leroy Veal

930 N.W.2d 293 · Supreme Court of Iowa · May 24, 2019

However, as the State observes, the one established difference is that the African-American population tends to be younger and therefore may contain fewer qualified jurors. … We said in Plain , "[T]he defendant must show evidence of a statistical disparity over time that is attributable to the system for compiling jury pools ." 898 N.W.2d at 824 (emphasis added). 8 Clearly, federal law requires