Booth v. General Mills, Inc.

Action for damages, under the guest statute (section 321.494, Code of 1950), on account of the death of plaintiff’s decedent. Plaintiff’s petition alleges, in two counts, recklessness and intoxication on the part of defendant Shocklee, driver of the car. By special interrogatories the jury found for plaintiff on both counts, and allowed damages. Defendants have appealed. Hereinafter all reference to plaintiff applies to the deceased, Eoy Adams.

We are concerned primarily with but two propositions, i.e., the question of the assumption of risk, and the amount of the damages awarded.

The case is a…