Floyd v. Silvers

3 Citing cases

  1. Bohnsack v. Driftmier

    52 N.W.2d 79 (Iowa 1952)   Cited 34 times
    In Bohnsack v. Driftmier, 243 Iowa 383, 52 N.W.2d 79, the Supreme Court of Iowa discussed the applicability of the doctrine to certain situations, and in reviewing numerous Iowa cases, clearly pointed out the elements that must exist before recovery can be denied on the ground that the injured party assumed the risk.

    Defendant's testimony to which plaintiff objected added little, if anything, to evidence received without objection and was therefore not prejudicial to plaintiff. See Crawford v. Emerson Constr. Co., 222 Iowa 378, 389, 269 N.W. 334; Independent School District v. Sass, 220 Iowa 1, 4, 5, 261 N.W. 30; Silvers v. Floyd, 151 Iowa 415, 417, 131 N.W. 652. [10] VII.

  2. Jaeger v. Hackert

    241 Iowa 379 (Iowa 1950)   Cited 22 times
    In Jaeger v. Hackert, 241 Iowa 379, 390, 391, 41 N.W.2d 42, a breach of warranty action for loss by death of turkey poults, there was a question of proof of damage.

    [6] The situation is not unlike that where we have held harmless error results by the admission of improper evidence where the fact thereby sought to be shown is otherwise fully shown by an abundance of testimony. Silvers v. Floyd, 151 Iowa 415, 131 N.W. 652; Kirkwood v. Perry Town Lot Improvement Co., 178 Iowa 248, 159 N.W. 774. [7] III. Defendants contend that plaintiff failed to establish damages in that the evidence does not establish that over 50 poults died of pullorum (of the 1673 poults that the evidence shows, died).

  3. Kellogg v. Rhodes

    231 Iowa 1340 (Iowa 1942)   Cited 18 times

    Appellant therefore suffered no prejudice by the admission of the catalogues. Independent Sch. Dist. v. Sass, 220 Iowa 1, 5, 261 N.W. 30; Powers v. Iowa Cent. Ry. Co., 157 Iowa 347, 349, 136 N.W. 1049; Silvers v. Floyd, 151 Iowa 415, 417, 131 N.W. 652. [7] The court also received in evidence a written agreement between appellee and wife and one Brennecke, dated July 27, 1940, listing the farm in question for sale with Brennecke, until August 15, 1940, at $155 an acre and agreeing to pay a commission of 2 per cent. Appellant objected to the offer as incompetent, irrelevant, immaterial, and self-serving.