99 Iowa 295 | Iowa | 1896
II. Complaint is made of the rulings of the court upon certain so-called “hypothetical questions” asked physicians. We do not discover any error in these rulings. Under the rule laid down in the following cases, the questions were not objectionable: In re Norman’s Will, 72 Iowa, 84 (33 N. W. Rep. 374); Meeker v. Meeker, 74 Iowa, 356 (37 N. W. Rep. 773); Bever v. Spangler, 93 Iowa, 575 (61 N. W. Rep. 1080).
VIII. Many other questions are argued. We have carefully examined all of them, and discover no errors except those heretofore mentioned. Counsel for appellee urge that the errors we have found are without prejudice, because in any event, under the evidence, the verdict must have been for the city. In view of another trial, it is not proper for us to comment on the evidence. We may say, however, that, as we view it, we should not be justified in holding that the errors we have pointed out were without prejudice. Appellant asks that the costs of the transcript be taxed to the appellee. The motion will be overruled. The judgment below is reversed.