HACKADAY v. BRACKELSBURG

No. 49211.

85 N.W.2d 514 (1957)

Ellis B. HACKADAY, Administrator of the Estate of Robert J. Hackaday, Deceased, Appellant, v. Charles BRACKELSBURG, Appellee.

Supreme Court of Iowa.

October 15, 1957.


Attorney(s) appearing for the Case

Boyd, Walker, Huiskamp & Concannon, Keokuk, for appellant.

F. S. Fillmore, Des Moines, and Joseph L. Phelan, Fort Madison, for appellee.


GARFIELD, Justice.

The question presented is whether it was an abuse of discretion to deny plaintiff's motion for new trial on grounds of misconduct of a juror and defendant's attorneys. We hold with some reluctance it was not.

The action was at law to recover for the death of plaintiff's decedent from injuries received while a passenger in defendant's automobile. Count 1 of the petition alleges decedent was riding with defendant as a passenger for their mutual...

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