Koch v. Roehrig, 41508.

Citation244 N.W. 677,215 Iowa 43
Decision Date19 October 1932
Docket NumberNo. 41508.,41508.
PartiesKOCH v. ROEHRIG.
CourtUnited States State Supreme Court of Iowa

OPINION TEXT STARTS HERE

Appeal from District Court, Lee County; John E. Craig, Judge.

Action to recover for the death of Glenn Koch resulting from an automobile accident. From a directed verdict in favor of the defendant, the plaintiff appealed.

Affirmed.B. F. Jones and Hollingsworth & Hollingsworth, all of Keokuk, for appellant.

Walker & Sheridan, of Keokuk, for appellee.

ALBERT, J.

The only question involved in this case is the correctness of the ruling of the district court in directing a verdict for the defendant.

The particular automobile involved in this controversy was owned by the defendant, A. C. Roehrig, and at the time of the accident in controversy was being driven by his son, Jack Roehrig. The deceased, Glenn Koch, was riding with Jack at the time of the accident. A summary of the facts is: In the latter part of July, 1929, the deceased, Glenn Koch, was operated upon for appendicitis and later taken to his home. The incision caused by the operation had not healed, though he had been riding in an automobile with his father or brother once or twice after the operation. On or about August 4, 1929, about noon or shortly thereafter, Jack Roehrig drove this automobile to the home of deceased's father and asked to take Glenn for a ride. Glenn's mother told Roehrig to drive slowly because “Glenn's side had not entirely healed and to be careful about going over bumps.” Jack said he would do so and be careful. He was driving the car with defendant's consent. It was an Essex roadster, capable of acquiring a speed of 80 miles an hour. Jack admitted that on some previous date he had driven it as high as 78 miles an hour on a slab road between Keokuk and the town of Montrose. On the day in question he had the top down, also the windshield “down flat” on the hood, about level with the top of the dash. After driving around Keokuk with the decedent for a short time, Jack drove out on the slab road known as No. 61, between Keokuk and Montrose. The accident occurred about three-quarters of a mile north of the village of Summitsville.

One witness testified that he was driving his car northward at a rate of about 35 miles an hour, and the Roehrig car passed him south of Summitsville. He said: “I imagine he was going 45 to 50, something on that order.” On cross-examination he said: “I estimated they were going 30 to 35 miles an hour. I wouldn't exactly state that the car was going 50 miles an hour. It was going a little faster than I was. After he passed me I didn't notice; I didn't see him no more after he passed me. They were doing nothing unusual when they passed me. They were going at a pretty good clip. It didn't look like it was out of control or nothing at the time.”

The evidence shows they passed another car which was going about 20 miles an hour, and the driver of the latter car testified: “I judge I was driving 15, 16, 18 or maybe 20 miles an hour. They passed me as nearly as I can recall right by the Presbyterian Church. That is just on the north side of Summitsville. The car went by me like a whirl. They soon made distance between me and them. I noticed they went right around other cars ahead of me. The whirl of the car going by quickly, I said, ‘there is somebody going over the road.’

As the Roehrig car proceeded northward, there were two cars very close together ahead of it, also headed northward. As the Roehrig car approached these two cars, Jack swung the car out to go around them, and about the same time the rear of these two forward cars turned to the left for the purpose of going around the forward car. About the time the front wheels and a part of the rear one of the two cars last referred to (being the car immediately in front of the Roehrig car) crossed the black line in the center of the slab, the driver thereof twice heard the squeaking and grinding of brakes a little behind him and a little to...

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3 cases
  • Olson v. Hodges
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...or silt on the highway was a factor in causing the accident); Wilson v. Oxborrow, 220 Iowa 1135, 1141, 1142, 264 N.W. 1;Koch v. Roehrig, 215 Iowa 43, 46, 244 N.W. 677;Paulson v. Hanson, 226 Iowa 858, 862, 863, 285 N.W. 189;Tomasek v. Lynch, 233 Iowa 662, 669-671, 10 N.W.2d 3;Long v. Pearce,......
  • Olson v. Hodges
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...... Oxborrow, 220 Iowa 1135, 1141, 1142, 264 N.W. 1; Koch v. Roehrig, 215 Iowa 43, 46, 244 N.W. 677; Paulson v. Hanson,. 226 Iowa 858, 862, 863, 285 N.W. ......
  • Koch v. Roehrig
    • United States
    • United States State Supreme Court of Iowa
    • October 19, 1932

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