Legal Opinion

Klink v. Bany

Supreme Court of Iowa

Decided April 2, 1929No. 39318PublishedCited by 19 opinions

1Opinion of the CourtDe Grape, J.

— It is a defined and well settled rule of law in this state that a driver of a motor vehicle (defendant) is not legally bound “to anticipate or know the intentions or purpose” of a person who, being in a zone of safety immediately prior to a collision with said vehicle, suddenly and without warning enters a zone of danger, resulting in an injury to the said person by reason of collision with the vehicle. Bishard v. Engelbeck, 180 Iowa 1132. The decision in the Bishard case, with other cases presently cited, is stare decisis in the instant case.

A fortiori is this principle of law applicable,…

2Cases cited5 opinions

  1. Williams v. CohnSupreme Court of Iowa · 1926
  2. Faatz v. SullivanSupreme Court of Iowa · 1924
  3. Borland v. LenzSupreme Court of Iowa · 1923
  4. Brekke v. RothermalSupreme Court of Iowa · 1923
  5. Bishard v. EngelbeckSupreme Court of Iowa · 1917

3Cited by19 opinions

  1. Stambaugh v. HayesNew Mexico Supreme Court · 1940
  2. Webster v. LuckowSupreme Court of Iowa · 1935
  3. Madrid v. Lincoln County Medical CenterNew Mexico Supreme Court · 1996
  4. Crutchley v. BruceSupreme Court of Iowa · 1932
  5. Robertson v. CarlgrenSupreme Court of Iowa · 1931

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