Mescher v. Brogan
Supreme Court of Iowa
1Opinion of the CourtHamilton, J.
— “Negligence” is want of ordinary care under the circumstances. “Ordinary care” means such care as an ordinarily prudent person would exercise. “Recklessness” is said to be conduct amounting to more than negligence. The surrounding circumstances in each particular case enter and must be considered in determining the question. As the danger becomes more manifest and apparent the degree of care and caution to be taken must likewise increase. “Becklessness” is defined by this court in the case of Siesseger v. Puth, 213 Iowa 164, at page 182, 239 N. W. 46, 54, as “ ‘proceeding without heed of or…
2Cases cited11 opinions
- Siesseger v. PuthSupreme Court of Iowa · 1931
- Neessen v. ArmstrongSupreme Court of Iowa · 1931
- Hart v. HinkleySupreme Court of Iowa · 1933
- Sergeant v. ChallisSupreme Court of Iowa · 1931
- Elowitz v. MillerMichigan Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Williamson v. McKennaOregon Supreme Court · 1960
- Russell v. TurnerCourt of Appeals for the Eighth Circuit · 1945
- Thornbury v. MaleySupreme Court of Iowa · 1951
- State v. McLaughlinSupreme Court of Iowa · 1959
- Goodman v. GonseSupreme Court of Iowa · 1956
47 more not listed; retrieve them via the Exa API.