185 Iowa 503 | Iowa | 1919
I. From the petition as originally drawn, the plaintiff withdrew the allegation that defendant drove his automobile at a dangerous and unlawful rate of speed, and the further allegation that defendant gave no warning, either by sounding of his horn or otherwise. On the authority of Monaghan v. Equitable L. Ins. Co., 184 Iowa 352, verdict was rightly directed for defendant unless plaintiff has some substantial evidence of such charge of negligence as remains in her petition after said eliminations by withdrawal. What remains of the petition de- ■ dares that plaintiff, with her brother, was riding a motorcycle on the crossing of Seventh and Main Streets, on the right side of said “street;” that defendant was, about the same time, coming in an automobile down Main Street from the west on the opposite side, on the right side of said street, “and, when approaching the westerly corner of said Seventh and Main Streets, turned and angled across easterly to said left side of Main Street, and so negligently and carelessly drove his said automobile in and upon plaintiff while she was so riding upon said motorcycle * * * Defendant negligently and carelessly and knowingly ran upon and over the plaintiff.” This seems to us to be a
It is not amiss to add that, in our opinion, there was,