Pettijohn v. Weede

On October 21, 1927, the plaintiff-appellee, Ray Pettijohn, was struck and injured by an automobile driven by the defendant-appellant, J. B. Weede. The accident occurred at the intersection of Tenth and Keosauqua way in the city of Des Moines.

Originally the case was tried on a petition alleging general negligence. See Pettijohn v. Weede, 209 Iowa 902, 227 N. W. 824. Under that petition, the appellee sought to prove that the appellant was negligent because he drove his automobile at an excessive rate of speed. At that trial, the appellee obtained judgment against the appellant, and the latter…