Legal Opinion

Remington v. Machamer

Supreme Court of Iowa

Decided January 10, 1922PublishedCited by 9 opinions

Appeal from Linn District Court. — Milo P. Smith, Judge. Aotion by plaintiff, as administrator, to recover damages caused by injury to and death of his daughter, Velma, while she was attempting to cross the roadway of a bridge over Cedar River, at B Avenue, in Cedar Rapids, Iowa, and was struck by defendant’s automobile. The accident happened between 4 and 5 o’clock in the afternoon of September 16, 1916. Deceased was about 14 years of age.

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Appeal from Linn District Court. — Milo P. Smith, Judge. Aotion by plaintiff, as administrator, to recover damages caused by injury to and death of his daughter, Velma, while she was attempting to cross the roadway of a bridge over Cedar River, at B Avenue, in Cedar Rapids, Iowa, and was struck by defendant’s automobile. The accident happened between 4 and 5 o’clock in the afternoon of September 16, 1916. Deceased was about 14 years of age. She died from her injuries September 19th. Deceased was attempting to cross at a point which was not an intersection or place provided for crossing by…

1Opinion of the CourtPreston, J.

The petition states that deceased died September 19th, and that, before her death, she was subjected to expense for medical care, attention, etc.; that, by reason of the injuries and death, her estate had been damaged; and that the claim is the property of plaintiff, as administrator. The negligence charged is that defendant was driving his car at an excessive and reckless rate of speed; that he did not have it under proper control; that he was negligent in not seeing and avoiding deceased, in failing to stop or turn said car aside after he saw, or should have seen, deceased, in failing to…

2Cases cited25 opinions

  1. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  2. Wine v. JonesSupreme Court of Iowa · 1917
  3. Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
  4. State v. MaddenSupreme Court of Iowa · 1914
  5. Fowle v. ParsonsSupreme Court of Iowa · 1913

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3Cited by9 opinions

  1. Lawson v. FordyceSupreme Court of Iowa · 1945
  2. Ege v. BornSupreme Court of Iowa · 1931
  3. Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
  4. State v. ClarkSupreme Court of Iowa · 1923
  5. In Re Estate of IwersSupreme Court of Iowa · 1938

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