Raber v. Hinds
Supreme Court of Iowa
Appeal from Plymouth District Court.— Hon. F. R. Gaynoe, Judge. Action to recover $85 damages for injuries to plaintiff’s team, and for the value of a buggy and harness destroyed by reason of the running away of the team, caused by fright at the defendant’s automobile, negligently operated by him in the streets of the city of Le Mars.
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Appeal from Plymouth District Court.— Hon. F. R. Gaynoe, Judge. Action to recover $85 damages for injuries to plaintiff’s team, and for the value of a buggy and harness destroyed by reason of the running away of the team, caused by fright at the defendant’s automobile, negligently operated by him in the streets of the city of Le Mars. Verdict for plaintiff in the sum of $75. From the judgment on such verdict, defendant appeals; a certificate of appeal being granted by tbe trial judge.—
1Opinion of the Court
McClain, J.—
The errors relied upon relate simply to tbe overruling by tbe court of tbe motion to set aside tbe verdict, and the sufficiency of tbe evidence to support tbe verdict is tbe only question in controversy.
Tbe evidence for plaintiff tended to show that bis team, consisting of two broncho ponies attached to a light buggy, was being driven eastward along Plymouth street, in tbe city of Le Mars, by bis son, about seventeen years of age, who bad with him in tbe buggy two friends of about tbe same age; that tbe ponies became frightened at defendant’s automobile, which was coming towards…
2Cited by3 opinions
- Buchanan v. Hurd Creamery Co.Supreme Court of Iowa · 1932
- House v. CramerSupreme Court of Iowa · 1907
- Turner v. BennettSupreme Court of Iowa · 1913