Eggermont v. Cent. Sur. & Ins. Corp.

• Citation: 24 N.W.2d 809,238 Iowa 28
• Decision Date: 17 January 1947
• Docket Number: No. 46892.,46892.
• Court: United States State Supreme Court of Iowa
• Parties: EGGERMONT v. CENTRAL SURETY & INSURANCE CORPORATION.

238 Iowa 28
24 N.W.2d 809

EGGERMONT
v.
CENTRAL SURETY & INSURANCE CORPORATION.

No. 46892.

Supreme Court of Iowa.

Nov. 12, 1946.
Rehearing Denied Jan. 17, 1947.

Appeal from District Court, Polk County; Tom K. Murrow, Judge.

Action at law against insurer of motor carrier on account of injuries received by a passenger. The jury returned a verdict for the defendant and the plaintiff-passenger appeals from the judgment entered on the verdict.

Affirmed.

A. D. Pugh, of Des Moines, for appellant.

C. D. Reed, of Des Moines, for appellee.

MULRONEY, Justice.

In Eggermont v. Central Surety and Insurance Corporation, Iowa, 17 N.W.2d 840, 841, we held Mrs. Myrtle Eggermont could maintain an action in this state against the defendant, the insurer of the Dixie

[24 N.W.2d 810]

Greyhound Lines, based on injuries suffered while a passenger on the insured's motor bus in the State of Missouri; said injuries allegedly caused by the negligence of the motor carrier.

Now the trial has been had and the jury has returned a verdict for defendant. Mrs. Eggermont appeals to this court, contending, in fifteen separate divisions in her brief, that reversible error occurred in the trial below. The brief contains no assignment of errors as such but some of the various divisions assert error. We will pass upon the asserted errors, with, however some grouping of the duplicate and connected complaints. A statement of the facts is hardly needed for the issue was submitted to the jury and defendant, armed with a favorable verdict, does not argue its motion for directed verdict should have been sustained. It will be enough to state that Mrs. Eggermont was a passenger in the Dixie bus which, on the afternoon of June 21, 1943, was traveling in a northerly direction on a two-lane paved highway near Cape Girardeau, Missouri. As the bus went down a grade toward a bridge, a school bus traveling south stopped to let the Dixie bus pass over the bridge. A truck that was following the school bus also stopped, but, in stopping, the truck skidded somewhat to the left and the rear end of the truck struck the front of the Dixie bus. Plaintiff alleged that she suffered an injury to her back when the collision occurred.

I. Plaintiff asserts error in the trial court's striking a portion of her petition wherein she claimed a right of recovery for non-negligent injury. The Missouri statute, section 5729, Revised Statutes of Missouri 1939, Mo.R.S.A., is quite plain. It requires the surety to make compensation ‘for injuries...