HENKE v. IOWA HOME MUTUAL CASUALTY COMPANY

No. 49722.

97 N.W.2d 168 (1959)

E. W. HENKE, Administrator of the Estate of Richard Allen Townsend, Deceased, Plaintiff-Appellee, v. IOWA HOME MUTUAL CASUALTY COMPANY, Defendant-Appellant.

Supreme Court of Iowa.

Rehearing Denied July 24, 1959.


Attorney(s) appearing for the Case

Larson & Carr, Charles City, for appellant.

Keith S. Noah, Charles City, for appellee.


PETERSON, Justice.

June 19, 1955 at about 1:15 A.M., Richard Allen Townsend was driving his car west toward Clarksville, in Butler County, on a gravel road. He had Mr. and Mrs. W. Paul Hess with him in the front seat. Two young girls, Mary Kelm and Betty Johnson were in the back seat. There is substantial evidence he was driving from 85 to 95 miles an hour. There was some evidence, although not conclusive, he was racing with another car. There was heavy dust and fog...

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