McElhinney v. Knittle
|United States State Supreme Court of Iowa
|201 N.W. 586,199 Iowa 278
|THOMAS MCELHINNEY, Appellant, v. CAROLINE KNITTLE et al., Appellees
|20 January 1925
Appeal from Waterloo Municipal Court.--JOHN W. GWYNNE, Judge.
AN action for damages growing out of the plaintiff's having been struck by defendant's automobile. Jury returned a verdict for the defendant, and plaintiff appeals.
Pike Sias, Zimmerman & Frank and Mears & Lovejoy, for appellant.
J. C Murtagh and McCoy & Beecher, for appellees.
Washington Street in the city of Waterloo, Iowa, runs in a southeasterly and northwesterly direction, and is intersected by Park Avenue at a right angle. At the time in question, plaintiff, who was a man 72 years of age, was crossing Washington Street, expecting to turn to his right and cross Park Avenue. There was a severe rain storm prevailing, and plaintiff was without rubbers. The evidence tends to show that there was water on the streets and in the gutters. Plaintiff testifies that, when he reached the curb line on Washington Street, the leaves had obstructed the flow of water, and by reason thereof he turned to the right to a point near the center of the intersection of said two streets, where he was struck by defendant's automobile. The court, in submitting the case to the jury, gave the following instructions:
Before the submission of the case, the plaintiff requested the court to give the following instructions:
"You are further instructed that, if...
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