Sandvig v. Nichtern
Supreme Court of Iowa
Appeal from Emmet District Court. — N. J. Lee, Judge. Action to recover damages for personal injuries by a minor plaintiff alleged to have been caused by the negligence of the defendant in driving a Ford automobile in which plaintiff was riding with her mother. Cause tried to a jury and damages atvarded in the sum of $3,250 which was reduced by the trial court to $3,000. On plaintiff’s election judgment was entered for $3,000. Defendant appeals.
1Opinion of the Court
*De Graee, J.
This is a personal injury case and the primary-question involves the amount of damages awarded to plaintiff. The evidence is not in serious dispute in relation to the alleged negligence or the character and extent of the injury received by plaintiff. Plaintiff, a child of two years of age, was riding with her mother in a Ford touring car at the time of the accident. The car stopped on the highway as the supply of gasoline was exhausted. The defendant in a motor truck overtook the car, replenished it with gasoline, and observing that plaintiff’s mother had difficulty in driving…
2Cases cited3 opinions
- Law v. Bryant Asphaltic Paving Co.Supreme Court of Iowa · 1916
- Hawkins v. YoungSupreme Court of Iowa · 1908
- Haradon v. SloanSupreme Court of Iowa · 1912
3Cited by3 opinions
- Ryan v. TrenkleSupreme Court of Iowa · 1924
- In Re Will of BehrendSupreme Court of Iowa · 1943
- Bryan v. Iowa State Highway CommissionSupreme Court of Iowa · 1960