HEIDEBRINK v. MESSINGER

No. 47744.

44 N.W.2d 713 (1950)

HEIDEBRINK v. MESSINGER et al.

Supreme Court of Iowa.

November 14, 1950.


Attorney(s) appearing for the Case

Bedell & Bedell, of Spirit Lake, and Cornwall & Cornwall, of Spencer, for appellants.

Corcoran & Kennedy, of Sibley, for appellee.


SMITH, Justice.

All witnesses agree it was a clear moonlight night a little after midnight, November 14, 1948. Plaintiff with four passengers was driving his 1936 Chevrolet sedan in a southerly direction on paved Highway No. 9 about a mile north of Sibley. His motor stalled and before they got it started they were struck by defendants' car traveling in the same direction. There was a verdict and judgment for plaintiff and defendants appeal.

The sole question...

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