Mowrey Ex Rel. Mowrey v. Schulz

On October 31,1938, at about 5:30 p. m., Russell Mowrey, then aged nine years, while riding his bicycle on Marengo Avenue, in the business district of Marengo, Iowa, was injured in a collision with an automobile. He brought this action at law by Lee Mowrey, his next friend, to recover damages from Vaughn Schulz, the driver, and Malcolm Chevrolet Company and T. H. Malcolm, the owners of said automobile.

Marengo Avenue is a north and south paved street, 48 feet wide from curb to curb, on the east side of which is a 10-foot parking and a cement sidewalk about 5 feet wide. The accident happened…