Kearney v. Ahmann

McCORMICK, Justice.

The question here in whether areas of streets on which parking is permitted are part of the roadway defined in our motor vehicle statutes. In instructing the jury on plaintiff Richard Kearney’s duty to drive his motorcycle on the right half of the roadway under § 321.297(1), The Code, 1975, the trial court said, “[T]he portions of the street in which.parking is permitted shall not be considered as part of the roadway.” Plaintiff excepted to the instruction and now assigns the adverse ruling on his exception as error. We hold the court erred in giving the instruction and…