Rogers Ex Rel. Rogers v. Jefferson

(dissenting) — I dissent from division V of the majority opinion which follows our holding in the recent ease of Rogers v. Jefferson, 224 Iowa 324, 275 N. W. 874, that the failure of plaintiff to look to the left did not constitute contributory negligence as a matter of law. The case of Rogers v. Jefferson, supra, adheres to the rule announced in Roe v. Kurtz, 203 Iowa 906, 210 N. W. 550, that failure to look to the left on approaching an intersection does not constitute contributory negligence. In my opinion, the Roe case is contrary to the weight of authority and should be overruled.

Plaintif…