Kauzlarich v. Fitzwater

This is a guest case. Plaintiff’s decedent lost her life while riding in the right front seat of defendant’s automobile. The automobile went off of the highway on the left-hand side and struck one of the pilings supporting a railroad overpass over Highway No. 60 about two miles south of Moravia in Appanoose County.

Defendant appeals urging the evidence was insufficient to support an inference of reckless operation on his part.

I. At the outset plaintiff contends there is nothing before us for review because defendant has made a blanket assignment of errors. In effect defendant has made a single…