Clark v. Weathers
|21 October 1916
|159 N.W. 585,178 Iowa 97
|W. L. CLARK, Appellant, v. JOE WEATHERS et al., Appellees
|Iowa Supreme Court
Appeal from Woodbury District Court.--W. G. SEARS, Judge.
ACTION for damages resulted in a directed verdict for defendant and judgment thereon. The plaintiff appeals.
Shull Gill, Sammis & Stilwell, for appellant.
Griffin & Page and H. B. Walling, for appellees.
The complaint is that defendants were negligent in not stopping their automobile before colliding with the rear of that of plaintiff. The sole issue is whether the evidence was such that this issue, with that of contributory negligence, should have been submitted to the jury. A cousin of plaintiff's was driving a five passenger Ford, with his wife and two daughters in the rear seat, and plaintiff with him in the front seat. They had started from their home about a half mile east of Anthon, shortly after noon, for Rodney; and, as they neared the approach to the bridge over the Little Sioux River, the automobile was moving at the rate of from 12 to 15 miles per hour. The car was slowed down to about 10 miles an hour, and to 4 to 6 miles when the driver began to bring it to a standstill. This was done owing to two teams, coming from the other end of the bridge, and near the east end about 18 inches from the north side. Neither the driver nor plaintiff was aware of defendants' car being in the rear, nor did either give any signal or other warning that the car was about to be stopped. But defendants' automobile (Cadillac) came against the rear end of plaintiff's, causing the injuries complained of. The situation was such that defendants must have seen the car ahead. The driver of plaintiff's car testified:
The testimony of the driver's daughter was substantially the same; but his wife, who sat in the back seat, testified that, as the car was about to stop, she looked back and saw defendants' car following at the distance of about 200 feet, at a speed of 25 or 30 miles an hour, and supposed it would be stopped.
Such was the evidence on the...
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