Harvey v. Clark

On December 21, 1940, at 1:15 a. m. decedent, a boy of fifteen, was riding as a guest in defendant’s automobile from Independence to Waterloo. At a railroad crossing in the town of Jesup the automobile collided with the second car behind the engine of a moving passenger train. Decedent and one Wilson, also riding in the car, were killed. Defendant was injured. These actions were brought under section 5037.10, Code, 1939, claiming the collision was caused by the reckless operation of the automobile. In directing a verdict for defendant at the close of plaintiff’s testimony, the court ruled…