Hedges v. Conder

I respectfully dissent.

I. The majority adopts defendant’s contention that under the provisions of Code section 321.328 and section 30-33.01 of the Des Moines Municipal Code a person in the street not in a crosswalk in a business district is negligent as a matter of law and the jury should be so instructed. I disagree with such a holding under the facts here.

I agree that violation of a law of the road, including valid city ordinances, without legal excuse, is negligence per se with the one exception, not applicable here, as established by our oft-cited case of Kisling v. Thierman, 214 Iowa…