Tesdell v. Des Moines City Railway Co.
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — J. E. MeRSHOn, Judge. Aotion at law for damages to plaintiff’s automobile, as a result of a collision with defendant’s street car at a street intersection. The defense was a general denial. At the close of plaintiff’s evidence, the trial court directed a verdict. From such order, the plaintiff appeals. —
1Opinion of the Court
Evans, J.-
-The allegations of negligence may be reduced to the general charge that defendant’s motorman failed to warn the plaintiff, and failed to keep a lookout. The accident occurred at 6 P. M. of September 12, 1922, at the intersection of West Thirteenth Street and Grand Avenue in Des Moines. The plaintiff was driving north in his automobile on Thirteenth Street. The defendant’s car was moving westward on Grand Avenue. Plaintiff testified that, as he entered the intersection, he was driving from 10 to 15 miles an hour, and that he slowed down to 10 miles an hour; that he saw the street…
2Cited by2 opinions
- Middleton v. Omaha & Council Bluffs Street Railway Co.Supreme Court of Iowa · 1929
- Platter v. City of Des MoinesSupreme Court of Iowa · 1946