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FESSENDEN v. SMITH

No. 51048.

124 N.W.2d 554 (1963)

Rex F. FESSENDEN, as Father and next friend of Rosemary Fessenden, a Minor, and Rex F. Fessenden, Appellants, v. Clark SMITH and Arthur W. Smith, Appellees.

Supreme Court of Iowa.

Rehearing Denied January 14, 1964.

Attorney(s) appearing for the Case

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellants.

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, and Gale Braithwaite, Sioux Falls, S. D., for appellees.

HAYS, Justice.

This is an action for damages brought by a minor by her next friend for injuries she sustained while riding in a car being driven by defendant Clark Smith with the consent of its owner, defendant Arthur W. Smith. The accident happened near Canton, South Dakota. All parties concerned are residents of Sioux City, Iowa. The petition was in four counts and alleges negligence and also willful and wanton negligence. At the close of plaintiff's evidence the...

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