Bros v. Eggert

• Decision Date: 18 November 1907
• Citation: 137 Iowa 120,113 N.W. 849
• Parties: GREENLEE BROS. v. EGGERT.
• Court: Iowa Supreme Court

137 Iowa 120

113 N.W. 849

GREENLEE BROS.

v.EGGERT.

Supreme Court of Iowa.

Nov. 18, 1907.

Appeal from District Court, Floyd County; C. H. Kelley, Judge.

Suit to recover damages for injury to a livery rig hired by the defendant. There was a verdict and judgment for the plaintiffs, from which the defendant appeals. Reversed.Eggert & Lockwood, for appellant.

J. H. Lloyd, for appellees.

SHERWIN, J.

In July, 1902, the defendant hired a livery rig of the plaintiffs for a trip into the country with her family. The carriage had three seats, and was drawn by a pair of gentle horses. Seven or eight persons made the trip in the carriage, most of whom were adults. The party started for their home in Charles City soon after a 6 o'clock tea, and on the way home the accident resulting in the injuries complained of happened. The road traveled by the appellant was dry and smooth. All of the evidence touching the cause of the accident and the circumstances connected therewith is to the effect that the team was walking quietly along, when it was suggested that they go a little faster, whereupon the driver, one of the young ladies of the party, touched one of the horses lightly with the whip. The team immediately started on a slow trot, and just at the moment of starting there was a “snapping or cracking noise,” indicating that something about the rig had broken, and almost at once thereafter the front end of the carriage pole dropped to the ground, and the team ran away, causing the damage for which recovery is asked.

The evidence tended to show that, when the rig was delivered to the appellant in the morning, the carriage and harness were sound and in good condition. After the accident, it was found that one of the singletrees was broken where the bolt fastened it to the doubletree. The carriage was tipped over a short distance from where the team began to run, and the team broke away therefrom and went on, and when it was found some of the tugs were broken. Just what was broken before the pole dropped is not definitely known, but there can be little doubt that it was the singletree, although there is evidence tending to show that a short piece of a tug was afterwards found between the wreck of the carriage and the point where the trouble commenced. But the matter is not very material. If the negligence of the appellant or of the young lady who was driving the team at the time was the proximate cause of the accident and the consequent damage to the...