Legal Opinion

Scott v. O'Leary

Supreme Court of Iowa

Decided November 16, 1912PublishedCited by 11 opinions

Appeal from Johnson District Court. — Hon. B. P. Howell, Judge. Action to recover damages for injuries sustained by plaintiff’s intestate, and damages done to his property as a result of an automobile collision. Defendant filed a general denial, and upon the issues joined the cause was tried to a jury, resulting in a verdict for the plaintiff in the sum of $550, upon which judgment was rendered, and defendant appeals. —

1Opinion of the CourtDeemer, J.

— This action was brought by Clyde Scott, a minor, during his lifetime, in the name of George Scott, his next friend. During its pendency, but before trial, Clyde Scott died, and plaintiff, Blanche Scott, the administratrix of his estate, was substituted as plaintiff. It is not claimed that Clyde Scott died as a result of his injuries; but it is averred that he suffered personal injuries, was at expense for medical treatment, that he lost time, and that his horse was killed and his buggy and harness injured. In speaking of the plaintiff, we shall, unless otherwise stated, refer to Clyde Scott.

2Cases cited14 opinions

  1. Lauson v. Town of Fond du LacWisconsin Supreme Court · 1909
  2. Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
  3. Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
  4. State v. SheltonSupreme Court of Iowa · 1884
  5. Bailey v. City of CentervilleSupreme Court of Iowa · 1899

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3Cited by11 opinions

  1. Stilson v. EllisSupreme Court of Iowa · 1929
  2. Hanson v. ManningSupreme Court of Iowa · 1931
  3. Owens v. Iowa CountySupreme Court of Iowa · 1918
  4. Willis v. SchertzSupreme Court of Iowa · 1919
  5. Hitchcock v. Iowa Southern Utilities Co.Supreme Court of Iowa · 1942

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