(Download) "Dalbey Bros. Lbr. Co. v. Crispin" by Supreme Court Of Iowa. # eBook PDF Kindle ePub Free
eBook details
- Title: Dalbey Bros. Lbr. Co. v. Crispin
- Author : Supreme Court Of Iowa.
- Release Date : January 14, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff owns a rendering business at Spencer. In connection with his business he operates four trucks. On January 7, 1955, at about 12:30 p.m., one of his employees, Don Aldrich, was driving one of the trucks easterly on highway 18. When he was approximately one-half mile east of the town of Ruthven he noticed an automobile approaching him about 100 feet away. It suddenly left the north lane of travel and drove south into his lane of travel. This car was driven by defendant. The truck driver put on his brakes, but defendant kept coming, so he drove off on the shoulder. The shoulder was not wide enough to hold the truck and he was forced into the ditch. He first struck a mailbox and then came to rest against a bank and a tree. The truck was wrecked. There were no personal injuries. Plaintiff sued defendant for the value of the truck, a hoist which was connected with the truck, and ten ruined barrels in the truck. The only testimony concerning the value of the truck and its contents was the testimony of plaintiff. He said he had been buying, selling and trading trucks for 10 years and was acquainted with their fair and reasonable value. He testified the 1953 two-ton Dodge truck which was wrecked was worth $2000 immediately before the accident. The hoist cost him $410 when new, was in good shape, and worth $300. It was stipulated that the ten barrels were worth $3 per barrel, and that the fair and reasonable value of the salvage from the truck and hoist subsequent to the collision was $325. The jury returned a verdict for plaintiff, which means they held defendant was negligent. The verdict was for $500. Plaintiff filed motion for new trial on three grounds: (1) the value as returned by the jury is not sustained by the evidence; (2) inadequate damages were awarded in view of the undisputed evidence, and it appeared therefore that the jury was influenced [248 Iowa Page 511]