Rutherford v. Gilchrist

This action was’ originally commenced in the name of Fred W.¡ Rutherford as plaintiff. Subsequently Rutherford died from causes other than the injury received in the accident here involved, and Mary Rutherford, administratrix of his estate, was substituted as' plaintiff. In the following discussion we will refer to Fred W. Rutherford as the plaintiff.

The incident out of which .this controversy arises occurred on the Lincoln Highway about four miles west of Ames, Iowa, on the 27th day of March, 1931. A short time before the accident in question the course of the Lincoln Highway had. been…