Home/Supreme Court of Iowa/Robertson v. Carlgren

Robertson v. Carlgren

234 N.W. 824, 211 Iowa 963
CourtSupreme Court of Iowa
DecidedFebruary 10, 1931
DocketNo. 40670.
StatusPublished
Cited by15 cases

This text of 234 N.W. 824 (Robertson v. Carlgren) 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
Robertson v. Carlgren, 234 N.W. 824, 211 Iowa 963 (iowa 1931).

Opinion

Kindig, J.

On June 22, 1929, Mary G. Robertson, 66 years

*965 oí age, the plaintiff-appellee’s intestate, was walking on East Main Street in Ottumwa, at the intersection of Fellows Avenue, when she was struck and killed by the defendant-appellant’s automobile, then driven by him.

East Main Street in Ottumwa extends in an easterly and westerly direction. Fellows Avenue is a north and south public thoroughfare, running from the north into East Main Street, but does not cross the same and project south thereof. For convenience, there is here set forth a plat showing those streets and the surrounding territory.

At the time in question, appellee’s intestate was walking from the south to the north side of East Main Street, near the east line of its intersection with Fellows Avenue, where she was struck by appellant’s automobile, which was driven by him westward on the north side of East Main Street. In the northwest corner of the intersection of East Main Street and Fellows Avenue is a garage. Immediately across Fellows Avenue therefrom, in the northeast comer of the intersection, there is a barber shop and pool hall. To the east of the barber shop and pool hall is a vacant half lot, and directly to the east thereof is a secondhand auto storage and garage. East thereof and adjacent thereto is what is known in the record as Kent’s Grocery Store. South of East Main Street there is a lumberyard. An approach to the lumberyard from East Main Street is provided near to and a little east of the intersection with Fellows Avenue. This approach is shown on the plat under the designation, “road to lumberyard.” The west side of the lumberyard approach is approximately due south from the sidewalk on the east side of Fellows Avenue. As an aid to the understanding, a photograph, showing Fellows Avenue and its junction with East Main Street, together with the pool hall, barber shop, and the approach to the lumberyard, is here inserted.

A single street car line extends along the center of East Mam Street. When alighting from a street car, passengers sometimes step onto East Main Street, opposite the approach to the lumberyard. Also several hundred, and possibly 3,000, employees of the packing company daily walk over the lumberyard approach on and across East Main Street at the intersection of Fellows Avenue. Both Fellows Avenue and East Main Street were paved with brick.

*966

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Bluebook (online)
234 N.W. 824, 211 Iowa 963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-carlgren-iowa-1931.