McCord v. Smith

Upon motion of counsel for appellants the above entitled cases were, by order of this Court, consolidated. Consequently, our opinion herein will be applicable to, and our judgment binding in, each case. Appellant's declaration, which was filed on May 3, 1948, alleged that on the 9th day of April, 1947, in the State of Iowa, appellee's decedent, Oscar Schmidt, so negligently drove an automobile as to injure appellant.

That on the 29th day of April, 1947, an action was instituted in the District Court of the State of Iowa in and for Story County by Emma McCord, plaintiff, against this defendant,…