Westercamp v. Brooks
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. A. B. Dewey., Judge. Action to recover damage's for personal injuries sustained, as is alleg’ed, by reason of tbe defendants and one Scott Hanks willfully, carelessly, and negligently, and in disregard of tbe rights of the plaintiff, racing and running horses driven by them in a public highway, whereby plaintiff’s team became frightened and ran away, and plaintiff was, without fault on his part, seriously and permanently injured in…
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Appeal from Mahaska District Court. — Hon. A. B. Dewey., Judge. Action to recover damage's for personal injuries sustained, as is alleg’ed, by reason of tbe defendants and one Scott Hanks willfully, carelessly, and negligently, and in disregard of tbe rights of the plaintiff, racing and running horses driven by them in a public highway, whereby plaintiff’s team became frightened and ran away, and plaintiff was, without fault on his part, seriously and permanently injured in his shoulder, back, and breast. Plaintiff 1 alleges that, by reason of said injuries, he was confined to his bed for…
1Opinion of the Court
Given, C. I.
I. Appellant’s first contention is that the verdict is qontrary to instructions, not supported by the evidence, and is the result of passion and prejudice. The court instructed to the effect that, if defendants Bond and Brooks were driving in an ordinarily careful manner, and that Hanks drove his team rapidly, and scared plaintiff’s team, and. it ran away, the verdict should be for both defendants. No complaint is made of the instructions, but it is *161contended that the evidence shows just’ that state of facts, and therefore the verdict should have been for the defendants. As we…
2Cases cited1 opinion
- Fry v. Dubuque & Southwestern Railway Co.Supreme Court of Iowa · 1877
3Cited by9 opinions
- Keller v. DoddsSupreme Court of Iowa · 1938
- Worez v. Des Moines City Railway Co.Supreme Court of Iowa · 1916
- McElroy v. LusterCourt of Appeals of Texas · 1953
- Chicago, Burlington & Quincy Railroad v. LampmanWyoming Supreme Court · 1909
- Stanley v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1903
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