McCann v. Downey, No. 45066.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtMITCHELL
Citation290 N.W. 690,227 Iowa 1277
Docket NumberNo. 45066.
Decision Date12 March 1940
PartiesMcCANN v. DOWNEY et al.

227 Iowa 1277
290 N.W. 690

McCANN
v.
DOWNEY et al.

No. 45066.

Supreme Court of Iowa.

March 12, 1940.


Appeal from District Court, Boone County; O. J. Henderson, Judge.

Devere McCann commenced this action against H. R. Downey and others to collect damages for injuries received in an automobile accident. There was a trial to a jury which returned a verdict for McCann. Downey has appealed. Opinion states the facts.

Affirmed.

[290 N.W. 691]

Doran & Doran and F. W. Ganoe, all of Boone, for plaintiff-appellee.

Hallagan, Fountain, Stewart & Cless, of Des Moines, and Mahoney & Mackey, of Boone, for defendants Melvin Downey and H. R. Downey.


Dyer, Jordan & Dyer, of Boone, for defendants Ralph S. Phillips and Ralph S. Phillips, Jr.

MITCHELL, Justice.

H. R. Downey together with his family lives about one mile north of the city of Boone. He has three children, one of whom is Melvin, a boy of 15 years of age. The father was the owner of a single motor vehicle, which was kept at his home.

On the evening of October 27, 1938, Melvin asked his father if he might take the automobile to go to the Methodist church to attend choir practice, and then to attend the High School pep meeting. He was granted permission.

Melvin drove to town, and picked up his friend and schoolmate, John Doran. They drove to the Methodist church, but found the choir practice under way and did not stop. They then drove to the home of another schoolmate, Ruth Herrald, but she was not ready to go. So they drove to the home of still another schoolmate, Ethel Lickely, and picked her up. They then picked up Beverly Peterson and returned to get Ruth Herrald. They then drove to the Methodist church where they picked up two more schoolmates. All seven of them drove to the schoolhouse where the pep meeting was in progress. At the schoolhouse they met Ralph Phillips, who had his father's car. After spending some time at the schoolhouse, Ralph Phillips in his father's car, with a crowd of schoolmates, started out, and young Downey with his school friends followed. Where they were going is not disclosed. They drove west on the paved highway down the hill and across the river bridge. Shortly after crossing the river bridge the Phillips car slackened its speed abruptly and the front end of the Downey car ran into the rear end of the Phillips car. As a result of this impact the Downey car was thrown to the left and into the path of the McCann automobile, which was headed in an easterly direction on the same highway. Devere McCann was injured and commenced this action against H. R. Downey and others for damages. There was a trial to a jury which resulted in a verdict for McCann and H. R. Downey has appealed.

It is not necessary to set out in detail the manner in which the accident happened, as the only question raised on this appeal is whether or not Melvin Downey was at the time of the collision driving his father's car with the consent and permission of the owner. Appellant claims that the lower court erred in not sustaining the motion to direct the verdict, the grounds of which are as follows:

“1. That the plaintiff has failed to sustain and discharge the burden of proving that the automobile involved in the collision referred to in this evidence and referred to as being the property of said defendant H. R. Downey was at the time and place of the collision which resulted in plaintiff's injuries, being operated by his son Melvin Downey with the consent, knowledge and permission of this moving defendant, the owner thereof.

2. Comes now the...

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5 practice notes
  • Bridges v. Welzien, No. 45663.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1941
    ...187 Iowa 284, 174 N.W. 255;Baldwin v. Parsons, 193 Iowa 75, 186 N.W. 665;Lange v. Bedell, 203 Iowa 1194, 212 N.W. 354;McCann v. Downey, 227 Iowa 1277, 290 N.W. 690;Seleine v. Wisner, 200 Iowa 1389, 206 N.W. 130; [300 N.W. 662]Napier v. Patterson, 198 Iowa 257, 196 N.W. 73;Wolfson v. Jewett ......
  • McCann v. Iowa Mut. Liab. Ins. Co. of Cedar Rapids, No. 45747.
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1942
    ...furnished and paid for the attorneys for the defendant Downey, and paid the costs of the appeal. This case was McCann v. Downey, et al., 227 Iowa 1277, 290 N.W. 690. This action was brought under section 9024-g1, Code of 1935, which is as follows: “All policies insuring the legal liability ......
  • Abbs v. Redmond, 7030
    • United States
    • United States State Supreme Court of Idaho
    • January 6, 1943
    ...v. Pagel, (Tex.) 109 S.W.2d 556, affirmed 134 Tex. 46, 130 S.W.2d 1017; Lange v. Bedell, 203 Iowa 1194, 212 N.W. 354; McCann v. Downey, 227 Iowa 1277, 290 N.W. 690; Grier v. Woodside, 200 N.C. 759, 158 S.E. 491. [64 Idaho 375] The giving of this instruction was, since erroneous, clearly pre......
  • Jennings v. Campbell, No. 31398.
    • United States
    • Supreme Court of Nebraska
    • November 20, 1942
    ...resulted. It was held that the father had the right to limit the locality in which the car could be driven. However, in McCann v. Downey, 227 Iowa 1277, 290 N.W. 690, a son was permitted the use of a car to go to a choir meeting and a high school “pep” meeting. During the evening the son wi......
  • Request a trial to view additional results
5 cases
  • Bridges v. Welzien, No. 45663.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1941
    ...187 Iowa 284, 174 N.W. 255;Baldwin v. Parsons, 193 Iowa 75, 186 N.W. 665;Lange v. Bedell, 203 Iowa 1194, 212 N.W. 354;McCann v. Downey, 227 Iowa 1277, 290 N.W. 690;Seleine v. Wisner, 200 Iowa 1389, 206 N.W. 130; [300 N.W. 662]Napier v. Patterson, 198 Iowa 257, 196 N.W. 73;Wolfson v. Jewett ......
  • McCann v. Iowa Mut. Liab. Ins. Co. of Cedar Rapids, No. 45747.
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1942
    ...furnished and paid for the attorneys for the defendant Downey, and paid the costs of the appeal. This case was McCann v. Downey, et al., 227 Iowa 1277, 290 N.W. 690. This action was brought under section 9024-g1, Code of 1935, which is as follows: “All policies insuring the legal liability ......
  • Abbs v. Redmond, 7030
    • United States
    • United States State Supreme Court of Idaho
    • January 6, 1943
    ...v. Pagel, (Tex.) 109 S.W.2d 556, affirmed 134 Tex. 46, 130 S.W.2d 1017; Lange v. Bedell, 203 Iowa 1194, 212 N.W. 354; McCann v. Downey, 227 Iowa 1277, 290 N.W. 690; Grier v. Woodside, 200 N.C. 759, 158 S.E. 491. [64 Idaho 375] The giving of this instruction was, since erroneous, clearly pre......
  • Jennings v. Campbell, No. 31398.
    • United States
    • Supreme Court of Nebraska
    • November 20, 1942
    ...resulted. It was held that the father had the right to limit the locality in which the car could be driven. However, in McCann v. Downey, 227 Iowa 1277, 290 N.W. 690, a son was permitted the use of a car to go to a choir meeting and a high school “pep” meeting. During the evening the son wi......
  • Request a trial to view additional results

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