Home/Supreme Court of Iowa/Goodman v. Gonse

Goodman v. Gonse

76 N.W.2d 873, 247 Iowa 1091, 1956 Iowa Sup. LEXIS 345
CourtSupreme Court of Iowa
DecidedMay 9, 1956
Docket48883
StatusPublished
Cited by34 cases

This text of 76 N.W.2d 873 (Goodman v. Gonse) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodman v. Gonse, 76 N.W.2d 873, 247 Iowa 1091, 1956 Iowa Sup. LEXIS 345 (iowa 1956).

Opinions

Larson, C. J.

On the morning of May 30, 1952, Lyle Gonse with his two nieces, his landlady, plaintiff’s decedent Dorothy Ann Bowlin, 80, and her daughter Mrs. Poague, 59, left St. Joseph, Missouri, for plaintiff’s home in Melbourne, Iowa. He was driving his 1942 Buick four-door sedan headed up U. S. Highway No-. 69 about a mile south of Osceola, Iowa, when the accident occurred of which plaintiff complains and which allegedly caused the death of Mrs. Bowlin.

From the testimony these facts appear without serious dispute. The mishap occurred sometime before 11 a. m. The defendant was driving between 40 and 50 miles per hour. The pavement was dry and smooth. However, a stretch of pavement extending about ten miles south of Osceola was being improved by the addition of approximately four inches of asphaltic cement commonly called “blacktop.” On this date the blacktop had been completed across the entire width of the pavement from Osceola for about three miles, and from there on south it was in the process of being laid by layers, one half the width at a time. At the south entrance to this stretch there was a caution sign stating “this road is kept open for your convenience”, and flagmen were on duty in the vicinity of the machinery when work was in progress to keep traffic moving one way at a time. While the surface of the paving at the point of this accident was finished and no machinery was in that area, the shoulders had not been brought up to the level of the paving, so* that there was a drop-off on the east side of some three to five inches.

From a point about a mile and two tenths south of the Osceola city limits the highway begins a long, descending slope on which there is a flat left curve. (See plaintiff’s Exhibit 9.) It then continues downhill toward the north for some three or four hundred feet. At the time defendant’s ear was rounding this curve in his right-hand lane it appears the right rear wheel of his vehicle slipped off the edge of the blacktop onto the dirt shoulder, and in his attempt to bring it back on the paving defendant lost control of the automobile. It angled on a slightly curved line across the pavement about 125 feet into a bank on

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Bluebook (online)
76 N.W.2d 873, 247 Iowa 1091, 1956 Iowa Sup. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-gonse-iowa-1956.