Hart v. Hinkley

— It appears without conflict in the evidence that on the evening of September 16, 1931, the appellant David Hinkley invited Joseph Hall and Eugene Hart to accompany him in his father’s automobile, an eight-cylinder Dodge sedan, from Eagle Grove to Fort Dodge. The course pursued was due west four miles and then south over a graveled highway. When the automobile reached a point in the highway about three and one-half miles from where they turned south, it ran off the road into a ditch, killing Eugene Hart. The automobile was thrown against the fence, top downward facing north and demolished.…