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Primus v. Bellevue Apartments

44 N.W.2d 347, 241 Iowa 1055, 25 A.L.R. 2d 565, 1950 Iowa Sup. LEXIS 347
CourtSupreme Court of Iowa
DecidedOctober 17, 1950
Docket47709
StatusPublished
Cited by31 cases

This text of 44 N.W.2d 347 (Primus v. Bellevue Apartments) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Primus v. Bellevue Apartments, 44 N.W.2d 347, 241 Iowa 1055, 25 A.L.R. 2d 565, 1950 Iowa Sup. LEXIS 347 (iowa 1950).

Opinion

Oliver, J.

-Plaintiff was injured November 15, 1946. He was then eighteen months of age. For some months he and his parents had occupied an apartment in Bellevue Apartments, Sioux City. His parents had leased this apartment from defendants who- operated the apartment building. Defendants maintained in the basement of this building a laundry room and laundry machinery which the various lessees of apartments were entitled to use in common, as appurtenant to the apartments leased to them. On the day in question plaintiff was taken to the laundry room by his mother who proceeded to operate an electric mangle. While she was so engaged plaintiff’s right hand was caught and injured in the unguarded machinery in the gearbox of the mangle, pictured on the following page.

Plaintiff screamed in agony until he was given a sedative at a hospital to- which he was taken. He was operated upon under a general anesthetic. He remained in the hospital five days and his hand was kept bandaged for abouf six weeks. Later it was given hot-water treatments. He suffered some pain and lost strength. The doctor testified plaintiff’s right hand was mangled, the little finger was off at 1he base, the third finger at about the base, and the second finger at the first joint. The top of the index finger was crushed and the thumb was cut, but these were saved and plaintiff has full motion of the thumb and first finger. His hand was still tender at the time of the trial, two and one-half years later. He was right handed and could still do some things with his right hand, but used his left also. His father testified plaintiff gets along well with his friends but strange children “notice his hand and shy away from it.”

Plaintiff’s action for damages, tried to a jury, resulted in a verdict and judgment against defendants for $12,500 from which *1059 they prosecute this appeal. Most of the errors assigned stem from the overruling of defendants’ motions for directed verdict, for new trial and for judgment notwithstanding verdict, predicated upon the asserted insufficiency of the evidence to prove negligence on the part of defendants, which was the proximate cause of plaintiff’s injury. In considering such assignments of error the evidence will be viewed in the light most favorable to plaintiff.

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Bluebook (online)
44 N.W.2d 347, 241 Iowa 1055, 25 A.L.R. 2d 565, 1950 Iowa Sup. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/primus-v-bellevue-apartments-iowa-1950.