142 Iowa 604 | Iowa | 1909
At the time of the injuries complained of the plaintiff was sixteen years of age, and lived with her parents one mile north of Wesley. The defendants lived on the same north and south highway as the plaintiff, and one quarter of a mile south of her home. On New Tear’s day, 1907, while the plaintiff was walking in the highway in the direction of her home, in company with her sister and brother, and while passing the house of defendants, a dog came from the premises and attacked the
In view of the fact that the case has been twice tried, and that tbe right of the plaintiff to recover in some amount is very strongly supported by the evidence, tbe majority of this court are of the opinion that a new trial ought not to be peremptorily ordered on this record without giving plaintiff a right of election to take a reduced amount. It is also the conclusion of the majority that such amount