Summary
In Houlahan v. Brockmeier, 258 Iowa 1197, 141 N.W.2d 545 (1966), this court held — on stronger facts than those here — that the district court erroneously submitted an imputed negligence instruction against an owner suing for property damage.
Summary of this case from Perry v. TendalOpinion
Appeal from Linn District Court; Charles Penningroth, Judge.
Henry M. Keyes, of Keyes, Crawfords&sBradley, Cedar Rapids, for appellant.
Wayne C. Collins, of Shuttleworths&sIngersoll, Cedar Rapids, for appellee.
RAWLINGS, Justice.
The opinion filed herein April 5, 1966, 141 N.W.2d 545, is hereby supplemented as follows:
Plaintiff originally alleged the automobile for which he sought damages belonged to him alone.
During trial it developed title to the car involved was held by plaintiff or his wife in the alternative.
It was also then disclosed plaintiff-father was the sole parent consenting to use of the car being driven by the son at the time of the subject accident. Appeal was by plaintiff alone so error was neither assigned nor argued as to the matter of real party in interest.
With that issue eliminated we, for convenience and clarity, dealt with the father as sole owner of the car. The net result is still the same.
On the filing of this supplemental opinion, a rehearing is denied.
Reversed and remanded with directions.
GARFIELD, C.J., and LARSON, SNELL and STUART, JJ., concur.
THORNTON, MOORE, MASON and BECKER, JJ., concur in a reversal but would remand for new trial.