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Transportation Law

University of Michigan Law School

1932

Iowa

Articles 1 - 2 of 2

Full-Text Articles in Law

Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute Jun 1932

Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute

Michigan Law Review

Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …


Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street Apr 1932

Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street

Michigan Law Review

In driving his automobile plaintiff approached a "stop" street and stopped his car as required by law; he then entered the intersection and collided with defendant's car, which approached from plaintiff's left on the "through" street. On the trial of an action for the resulting damage the court instructed the jury that the vehicle on the through street "shall have right of way over all other vehicles approaching or traveling upon all streets intersecting said designated boulevard." Held, such instruction is erroneous, for the ordinance did not give the traveler on the through street right of way over cars …