Legal Opinion

Borland v. Lenz

Supreme Court of Iowa

Decided June 22, 1923PublishedCited by 24 opinions

Appeal from Fayette District Court. — W. J. Springer, Judge. Action at law to recover damages for personal injuries. Trial to jury. Verdict and judgment for plaintiff and defendant appeals.

1Opinion of the CourtDe Graff, J.

Plaintiff a child between five and six years of age seeks to recover damages from the defendant based on personal injuries resulting from an automobile accident. The petition alleges negligence in certain particulars. The evidence fails to sustain the allegations.

To predicate a liability some proximate negligence on the part of the defendant must be pleaded and proved. This is a jural postulate. The defendant is not an insurer. The theory of personal liability in cases of this character involves the blameworthiness of the act. If this were not true the essential element of negligence would be…

2Cases cited5 opinions

  1. Morris v. PlattSupreme Court of Connecticut · 1864
  2. Lovett v. ScottMassachusetts Supreme Judicial Court · 1919
  3. Barger v. BissellMichigan Supreme Court · 1916
  4. Bishard v. EngelbeckSupreme Court of Iowa · 1917
  5. Donahue v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1915

3Cited by24 opinions

  1. Webster v. LuckowSupreme Court of Iowa · 1935
  2. Williams v. CohnSupreme Court of Iowa · 1926
  3. Faatz v. SullivanSupreme Court of Iowa · 1924
  4. Whitmore v. HerrickSupreme Court of Iowa · 1928
  5. Ryan v. TrenkleSupreme Court of Iowa · 1927

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