Baldwin v. Parsons
Decision Date | 17 February 1922 |
Docket Number | No. 34112.,34112. |
Citation | 193 Iowa 75,186 N.W. 665 |
Parties | BALDWIN v. PARSONS. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Marshall County; B. F. Cummings, Judge.
Action for personal injuries occasioned by plaintiff being struck by an automobile driven by the defendant's son. The court directed a verdict for the defendant, and plaintiff appeals. Reversed.C. H. E. Boardman, of Marshalltown, for appellant.
F. E. Northup, of Marshalltown, for appellee.
[1] The appellant's petition alleges that on or about the 1st day of November, 1919, the appellee was the owner of an automobile which was being operated for him and in his behalf by his son, Vern Parsons, who was at that time in the employ of the appellee, and operating said car by the authority of the appellee. The petition alleges negligence in the operation of said car, resulting in damages for which recovery is sought. The appellee filed an answer, in which he “admits that he owns a certain automobile which was being driven and operated by his son,” and pleads a general denial and contributory negligence. The appellant proved the facts and circumstances surrounding the injuries and the damages resulting therefrom, and rested his case. The appellee filed a motion for a directed verdict on the ground that there was no evidence to show that the minor son of the appellee, who was driving the car at the time in question, was engaged for any business or purpose of the appellee, or was operating the same by the authority of the appellee. The motion for a directed verdict was sustained. It should have been overruled.
The case comes squarely under our holding in Landry v. Oversen, 187 Iowa, 284, 174 N. W. 255, where we had under consideration a similar situation. In said cause we said:
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...v. Fitzgerald, 106 Conn. 294, 137 A. 858; Griffin v. Russell, 144 Ga. 275, 87 S.E. 10; Patterson v. Aitken, 244 Ill.App. 264; Baldwin v. Parsons, 193 Iowa, 75, 186 S.W. 665; Rauckhorst v. 216 Ky. 323, 287 S.W. 895; Payne v. Leininger, 160 Minn. 75, 199 N.W. 435; Lewis v. Steele, 52 Mont. 30......
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...Boyd v. Close, 82 Colo. 150, 257 P. 1079; Griffin v. Russell, 144 Ga. 275, 87 S. E. 10, L. R. A. 1916F, 216, Ann. Cas. 1917D, 994: Baldwin v. Parsons, 193 Iowa, 75, 186 N. W. 665; Miller v. Week, 186 Ky. 552, 217 S. W. 904; Johnson v. Evans, 141 Minn. 350, 170 N. W. 220, 2 A. L. R. 891; Pay......
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...possession of the owner, and that whoever was driving it was doing so for him. Landry v. Oversen, supra; Curry v. Bickley, supra; Baldwin v. Parsons, supra; Birch Abercrombie, and other cases cited supra. Of course, the prima-facie showing of these facts may be overcome by other proof. The ......
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