Noble v. Edberg

Nancy Ellen Noble, age six years, was struck, knocked to the pavement and fatally injured by defendant’s automobile in a street intersection in Des Moines. Separate actions for damages for her wrongful death were instituted against defendant operator of the automobile by the child’s father in his individual capacity and as administrator of her estate, and were later consolidated. Trial resulted in a verdict and judgment for defendant. Plaintiffs have appealed.

Plaintiffs’ petition alleged defendant was negligent: (1) In failing to have his car under control; (2) in failing to keep a proper…