Swan v. Dailey-Luce Auto Co.

This is the third appeal in this case. The two former appeals are Swan v. Dailey-Luce Auto Co., 221 Iowa 842, 265 N. W. 143, and Swan v. Dailey-Luce Auto Co., 225 Iowa 89, 277 N. W. 580. Verdict was for plaintiff. From judgment thereon and from ruling of the court overruling defendants’ motion for new trial and exceptions to instructions, defendants appeal.

The facts are set out in the opinions in the former appeals, and the testimony was substantially the same at all the trials in the district court. In substance the facts are as given in this case as reported in 225 Iowa 89, 277 N. W. 580.…