page 1096 of 247 Iowa
How later courts described this case
- page 1096 of 247 Iowa
Written by the judges who cited it.
The opinion
Garfield, J.
(dissenting) — I respectfully dissent.
There is substantial evidence defendant, with only one arm, was driving 50 to 60 (not just 40 to 50) miles an hour shortly before this accident, down a hill, around a sharp, dangerous curve, on a road under construction. Two of the four lady passengers protested at his speed. To one of them defendant expressed resentment with the impertinent retort, “Shut your mouth, I don’t like back seat drivers, you can get up here and drive.” This indicates defendant’s indifference to the safety of his passengers.
I would reverse.
Oliver, J., joins in this dissent.