Silvia v. Pennock

This appeal involves the question whether a motorist’s failure to travel on the right-hand side of the center of a city street as required by section 321.297, Code, 1958, is negligence when presence of a deep snowbank on such side leaves insufficient space for travel thereon. We hold the jury could properly find presence of the snowbank under the circumstances here constituted a legal excuse, within the holding of Kisling v. Thierman, 214 Iowa 911, 243 N.W. 552, and the many decisions following it, for violation of the statute.

The trial resulted in jury verdict and judgment for defendant.…