Nicholson v. City of Des Moines

Wennerstrum, J.

(dissenting) — I respectfully dissent. The majority opinion states the only material difference in the present record from the former appeal is that the defendant’s evidence is shown in the present record. Inasmuch as the plaintiff’s evidence is approximately the same as in the first trial I would reverse the trial court for the reasons stated in the dissent filed in the prior appeal.