Case law

Meyer v. Nottger

241 N.W.2d 911 · Supreme Court of Iowa · May 19, 1976

The materials before the court clearly raised factual issues with respect to Division I of Meyer’s petition. Trial court apparently recognized this. … Where one holds himself out as specially qualified to perform the services inci *921 dent to a funeral and burial, unless” there is express contrary agreement, it is implied in a contract for such services that such person

Overturff v. Miller

247 Iowa 284 · Supreme Court of Iowa · Sep 20, 1955

All of the above named amounts to be paid by my above named Sons, not later than five *287 (5) years after the establishing of this Will, with interest at the rate of six per cent per annum payable annually. … They qualified and acted as such. The estate was closed and the executors discharged by final order made in 1912. The four sons of the testator survived him.

Hawley v. Griffin

121 Iowa 667 · Supreme Court of Iowa · Oct 30, 1903

established. … Irwin in his life time, while many of those who knew' him better speak upon this subject in a guarded and qualified manner, and, while saying in a general way that they regarded him sane, add that he was “peculiar,” “cranky

Beyer v. City of Dubuque

258 Iowa 476 · Supreme Court of Iowa · Jan 11, 1966

. * * '* The theory of these decisions is that, though a qualified juror be excused, another equally competent and fair minded will be selected in his stead, and, if a competent and impartial jury is finally secured before … Clearly the exclusion of Dubuque taxpayers from the jury panel was based upon an established, accepted, reasonable and lawful classification.

Thayer v. Smoky Hollow Coal Co.

121 Iowa 121 · Supreme Court of Iowa · Oct 7, 1903

We have already held that evidence 0f custom and usage is material on this question, for such evidence ¿loes not vary either an established rule of law, or, ‘ in the absence of express stipulations, any definite contract … Co., 98 Iowa, 188 , all parties treated the words “custom” and “usage” as synonymous, and it is everywhere held competent for a qualified witness to state the usage of a business when that becomes a material inquiry.

Leighton v. Leighton

196 Iowa 1191 · Supreme Court of Iowa · Jun 22, 1923

The truth of such a charge cannot be presumed, and it must be established, if at all, by clear and satisfactory evidence. … Second, if the genuine character of the writing has been established, was there a valid and sufficient delivery ?

Blunk v. Kuyper

241 Iowa 1138 · Supreme Court of Iowa · Nov 14, 1950

Said instruction dealt with the identity of the $2900 note and the burden resting on plaintiff to establish such fact. … We have gone over *1152 tbe record and are of tbe opinion that tbe plaintiff bad a fair trial; that tbe issues were clearly and properly set forth to the jury and that the verdict is supported by the evidence.

In re Claim of Blackman

256 Iowa 1076 · Supreme Court of Iowa · Jul 16, 1964

He may have taken into account statements of the claimant as to conversations, transactions or agreements between herself and the decedent; he may have relied upon hearsay or other evidence which would be clearly incompetent … Kline, a qualified physician, testified that during the last two years of her life the decedent suffered from general arteriosclerosis and senile dementia. About two thirds of the time she was mentally incompetent.

State v. Iowa District Court for Polk County

464 N.W.2d 244 · Supreme Court of Iowa · Dec 19, 1990

To establish a breach of an essential duty, the first element, the challenged legal representation must be shown to fall below the range of normal competence. State v. … They are clearly outside the parameters of the legislature’s designation of what child witnesses may be sequestered, even on a finding of necessity.

Anfinson v. Cook

224 Iowa 833 · Supreme Court of Iowa · Dec 14, 1937

We are not housemovers, plumbers, or artisans, and can only base our conclusions- on testimony of men who are qualified to speak in reference to these matters. … Therefore, on the whole record, under the facts as established by the great weight of evidence in this case, we agree with the trial court that the equities are with the plaintiff, and the judgment and decree is accordingly

AMCO Insurance Co. v. Haht

490 N.W.2d 843 · Supreme Court of Iowa · Oct 21, 1992

AMCO thinks the facts here qualify for exclusion under our Altena holding. … The district court's conclusion to that effect was clearly correct; coverage was therefore properly excluded. Id. at 887 . In Youngwirth v.

Dickinson v. Mailliard

175 N.W.2d 588 · Supreme Court of Iowa · Mar 10, 1970

If an expert is qualified, he should be allowed to state his opinion, either as to probable or merely possible causation. … He produced no evidence to establish any standard of care.

Amended October 28, 2015 Des Moines Area Regional Transit Authority and United Heartland v. Arbreina Young

Supreme Court of Iowa · Jun 5, 2015

It is well established that “[w]e liberally construe workers’ compensation statutes in favor of the worker,” Ewing v. Allied Constr. … Stoken’s IME report did not qualify for reimbursement under Iowa Code section 85.39 because it was premature.

Hassebroch v. Weaver Construction Company

246 Iowa 622 · Supreme Court of Iowa · Dec 14, 1954

to establish that Taylor was a subcontractor on the job. … In all states the employer must insure his liability with a private company, become subscribers to a state fund, or qualify as a self-insurer.

Warder & Lee Elevator, Inc. v. Britten

274 N.W.2d 339 · Supreme Court of Iowa · Jan 24, 1979

These Iowa cases the majority relies on hold only that the statute of frauds does not forbid oral proof of the unilateral promise for the purpose of establishing promissory estoppel. … I doubt these matters qualify for judicial notice as being within common knowledge or capable of certain verification. Motor Club of Iowa v. Department of Transp., 251 N.W.2d 510, 517 (Iowa 1977).

State v. Pearson

514 N.W.2d 452 · Supreme Court of Iowa · Mar 23, 1994

First we hold that skin-to-skin contact is not required in order to establish a "sex act" under section 702.17. There is no language in the statute which would limit its scope in this way. … We are confident that the legislature did not intend to immunize a defendant from liability for a sex act simply because he wore a condom which prohibited skin-to-skin contact.

Sinkora v. Wlach

239 Iowa 1392 · Supreme Court of Iowa · Dec 14, 1948

It is now uniformly recognized that to qualify as an ancient document it must be thirty years or more old. … Straka was apparently qualified to testify as he did. The certification of copies of the record appears to be lacking.

Leonard Ex Rel. Meyer v. Behrens

601 N.W.2d 76 · Supreme Court of Iowa · Oct 13, 1999

They further maintain that even if the contact sports exception standard was generally applicable, paintball is not an activity which qualifies as a contact sport. … In its secondary meaning, assumption of risk is an affirmative defense to an established breach of duty in which the defendant contends the plaintiff acted unreasonably in encountering a known risk. Coker v.

In Re Hunt's Estate

129 N.W.2d 618 · Supreme Court of Iowa · Jul 16, 1964

He may have taken into account statements of the claimant as to conversations, transactions or agreements between herself and the decedent; he may have relied upon hearsay or other evidence which would be clearly incompetent … Kline, a qualified physician, testified that during the last two years of her life the decedent suffered from general arteriosclerosis and senile dementia. About two-thirds of the time she was mentally incompetent.

State v. Rogers

251 N.W.2d 239 · Supreme Court of Iowa · Mar 16, 1977

The great discretion this language *242 grants federal sentencing courts to establish conditions of probation is touched on, infra. … Rhay, 78 Wash.2d 116, 119 , 470 P.2d 180, 182 , "To qualify for appointed counsel, it is not necessary that an accused person be utterly destitute or totally insolvent.