178 Iowa 569 | Iowa | 1916
The plaintiff is a‘minor of about 15 years of age. She alleges that on October 1, 1913, she was at her home in Kossuth County, Iowa. She avers that on the day named the deceased, Ross Richmond, together with two other boys or young men, came to her home in an automobile, and while there invited her to enter the car and ride with them; that she accepted the invitation; that the car driven by Richmond made a trip to a distance of several miles; and that on the return trip Richmond drove in such a negligent and reckless manner as to overturn the car, whereby plaintiff sustained a fracture of her leg and collar bone, resulting in great physical pain and mental anguish on her part, and causing the injured leg to be materially shortened, for all of which she asks a recovery of damages. The defendant denies the claim generally. There was a trial to a jury, and verdict and judgment in plaintiff’s favor for $2,000. In their brief filed in this court, appellant’s counsel state three points on which they rely for reversal, as follows:
"Statement of the specific acts . . . constituting the alleged negligence by which injury has been occasioned is
No claim is made that upon the general merits of the ease the evidence does not warrant the verdict; nor could such claim be well advanced. If the witnesses for plaintiff tell the truth, the car was being driven-at a reckless rate of speed, over a road not in condition to justify it; and the surprise is not that disaster occurred, but that young men of ordinary judgment and intelligence should take such frightful chances.