Harry G. Garrett

This case involved a wrongful death claim by the administrator of a truck driver's estate against a railway company after the driver collided with a train at a crossing, killing him. The jury awarded damages to the plaintiff, but the trial court granted the defendant's motion for judgment notwithstanding the verdict, which the Supreme Court of Iowa affirmed. The court reasoned that eyewitness testimony and physical evidence, including the truck's speed, lack of skid marks, and failure to slow or stop despite visible warnings and a stationary train, demonstrated the decedent's contributory negligence, precluding recovery.

torts & liability

The case involved a workers' compensation claim by the widow of Elwood Joseph Volk, an employee of International Harvester Company, who died in a one-car accident after his formal work duties ended on April 27, 1956. Volk had checked into a motel for a scheduled work meeting that was canceled, then engaged in personal activities including drinks at a colleague's home and the Epicurean Club, followed by a non-work-related trip to Muscatine with two other employees, during the return from which the fatal accident occurred. The Industrial Commissioner denied the claim, finding that the injury did not arise out of and in the course of employment, and the Iowa Supreme Court affirmed. The court reasoned that the trip to Muscatine constituted a personal deviation from employment, and even upon returning to the Epicurean Club, Volk had not resumed any work-related duties or activities when the accident happened.

labor & employment

This case was a quo warranto action challenging the legality of the Jefferson Community School District's organization in Greene County, Iowa, arising from competing petitions filed in April 1959 for the Jefferson district (wholly in Greene County) and the Central Tri-County district (spanning three counties), along with disputes over filing times, published notices of board decisions and elections, and the timing of a special election. The court affirmed the dismissal of the petition, ruling that the Jefferson district was validly formed. The core reasoning was that the Jefferson petition was filed first with the county superintendent, conferring priority jurisdiction that was not lost, the published notices substantially complied with Iowa Code sections 275.12-275.18 by describing the approved boundaries and election method without needing additional details on director districts, and no legal prejudice was shown to the challengers from the procedures followed.

procedureelections

The case involved plaintiffs who purchased lots in a subdivision and sued the construction company for fraud based on misrepresentations about upcoming developments such as a shopping center, houses, and a steel company that would increase the land's value. The district court granted rescission of the contract and awarded the plaintiffs $413.85 after defendants rested on their motion to dismiss without presenting evidence. The Iowa Supreme Court affirmed the decision, reasoning that the plaintiffs had sufficiently pleaded and proved actionable fraud through clear evidence of material false representations of fact that induced the purchase, even though they concerned future events.

propertybusiness & regulatory

In Lowery v. Iowa Packing Company, the plaintiff sought commutation of future workers' compensation payments to a lump sum in district court after sustaining a compensable injury, alleging permanent total disability. The defendants challenged the court's jurisdiction via special appearance, arguing that no determination of the disability period had been made by agreement or by the Industrial Commissioner and that the commissioner's written approval was required. The trial court sustained the challenge and dismissed the petition. On appeal, the Iowa Supreme Court affirmed, holding that under sections 85.45 and 85.46 of the 1958 Code, the district court lacks jurisdiction to order commutation until the Industrial Commissioner has first determined the definite period of disability, calculated the award, and endorsed written approval on the petition; the mere filing of a memorandum agreement for weekly payments was insufficient to confer such jurisdiction.

labor & employmentprocedure

This case involved multiple railroad companies challenging an order by the Iowa State Commerce Commission that required cancellation of reduced tariffs for intrastate rail transport of petroleum products and instead imposed minimum rates aligned with motor carrier tariffs. The Supreme Court of Iowa reversed the district court's upholding of the commission order. The court held that state law granted the commission no authority to set minimum rates, only to ensure rates were reasonable and just in the public interest, and that rates could not be fixed to protect competing carriers from lower-priced competition. Evidence showed railroads had lost nearly all such business to trucks, prompting the railroads' rate reductions for longer hauls.

business & regulatory