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STRAUSER v. BRYANT

No. 56491.

217 N.W.2d 706 (1974)

Larry STRAUSER, Appellant, v. Johnny Virgil BRYANT, Appellee.

Supreme Court of Iowa.

April 24, 1974.

Attorney(s) appearing for the Case

Alfred A. Beardmore, and Frye, McCartney & Erb, Charles City, for appellant.

Laird, Burington, Bovard & Heiny, Mason City, for appellee.

Heard en banc.

MOORE, Chief Justice.

Plaintiff Larry Strauser filed a petition against defendant Johnny Virgil Bryant alleging he sustained damages from injuries received as a passenger in a motor vehicle owned and operated by defendant when it overturned due to defendant's negligent driving. Defendant moved to dismiss the petition on the basis of its failure to state a cause of action under the Iowa guest statute, Code § 321.494. Plaintiff resisted, alleging the guest statute...

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