State v. Read

162 Iowa 572
CourtSupreme Court of Iowa
DecidedDecember 15, 1913
StatusPublished
Cited by3 cases

This text of 162 Iowa 572 (State v. Read) 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
State v. Read, 162 Iowa 572 (iowa 1913).

Opinion

Gaynor, J.

On the 5th day of August, 1911, an information was filed in the superior court of Shenandoah, Iowa, charging the defendant, Frank Cavender, with operating an automobile without lights; the information being in the following words: “The defendant Frank Cavender is [573]*573accused of the crime of operating an automobile without lights, for that the said defendant, on the 4th day of August, 1911, in the township of Grant, Page county, Iowa, did operate an automobile without lights more than one-half hour after sunset contrary to the statute made and provided.” On the 30th day of August, 1911, an information, in substantially the same words was filed in the same court charging the defendant E. A. Read with operating an automobile on the public highway in the nighttime without proper lights. On the 18th of September, 1911, a similar information was filed in the same court against the defendant R. P. Galt. Each of the defendants appeared in said court and entered pleas of not guilty. Upon the trial, each was found guilty and fined. Thereupon, each of said defendants appealed from the judgment of said court to the district court of the state of Iowa, Page county, and in said court, by stipulation and agreement of all parties, said causes were consolidated for the purpose of hearing, and the cause submitted to the court upon the following stipulation of facts filed in each of said causes:

It is stipulated and agreed by the parties that on the 29th day of August, 1911, the defendant was operating and driving an automobile upon a regularly laid out and dedicated public street in the city of Shenandoah, Page county, Iowa, at a time between one-half hour after sundown and midnight; that at that time the rear lamp of said automobile was lighted; that there were lighted upon said automobile, upon the forward part thereof, two oil lamps; that the same were fastened to said automobile at the top and to each side of the dashboard of said automobile by means of brackets projecting to the right and to the left sides of the said dashboard; that said lamps with the exception of the rear part of said lamps, all being in front of said dashboard; that the said lamps faced towards the front and sides of said automobile, being toward the front and side thereof and throwing a light toward the front, visible to a person approaching said automobile from the opposite direction in which it was traveling, at a distance of more than 500 feet; that there were ho other lamps [574]*574lighted, upon the front part of the said automobile; that the engine and the hood covering the engine of said automobile was located beneath and projected out forward from the dashboard upon which said lamps were fastened and from the part of said automobile in which were located the seats for passengers and driver, the said hood projecting about two and a half feet forward of said lights; that the seats of said automobile are behind and to the rear of said dashboard and lights, and that there is nothing in front of said lights which would obstruct a view thereof to a person approaching the same from an opposite direction; that the front wheels are located under the engine and hood of said automobile forward of these lights; that in front of said hood and about one foot below the lights described and three feet eight inches forward from the lights described are located two gas lamps, one on either side, with large reflectors which were not lighted; that each of said lamps which were lighted upon this evening in question had a metal substance in the rear part thereof behind the light for the purpose of projecting and throwing said light in a forward direction as a reflector, but these reflectors were not concave reflectors, but that the glass inclosing said lights were bevel edged; that the said lamps above referred to are oil lamps, and the large lamps referred to in front of the hood of the machine were gas lamps.

In the ease of the defendant Read, the stipulation above set out was filed as a stipulation of facts upon which the court might determine the issue, excepting in so far as the location of the lamps was concerned, and in his case the following additional stipulation is found:

The lamps which were lighted in this ease were fastened to the top and side of the said dashboard, being two in number, one upon each side; the bracket upon which each light was fixed projecting directly forward six or eight inches from said dashboard; that upon the outside of each bracket and in immediate contact therewith were attached lamps, the inside and front edge of which projects toward the inside past the bracket and directly in front of the dashboard; that there is but one opening in the said lamps, which is in the front thereof; that to the rear thereof there is a metal reflector; that the lamps [575]*575have a round bull’s-eye glass in front thereof, and the same were oil lamps; that upon the night of the 4th day of August, the night in question, the same were lighted and burning.

Thereupon the district court found each and every one of the defendants guilty as charged in the information, and fined each $1 and the cost of the action, and from this judgment each of said defendants have appealed to this court.

The statute under which the defendants were tried and convicted is section 18 of chapter 72 of the Laws of the 34th General Assembly, and reads as follows: Every motor vehicle, operated and driven upon the public highways of this state, . . . shall, during the period of one-half hour after sunset to one-half hour before sunrise, display at least two lighted lamps on the front. . . . The light or lights of the front lamps shall be visible at least five hundred feet in the direction in which the motor vehicle is proceeding.”

1. statutes construction. This appeal involves but one question: Are oil lamps upon the dashboard of an automobile, when lighted, sufficient to satisfy the statute requiring front lights? This is to be determined from the wording of the statute itself. The statute is criminal in its character. A violation of it subjects the party to punishment by a fine not exceeding $25. The statute is therefore to be strictly construed, and yet it ought to be so construed as to carry out and make effectual the purpose and object to accomplish which the statute was enacted, and so that, obedience to it being demanded and enforced, the wrong or injury sought to be prevented or minimized by the act may be thereby prevented or minimized. One driving a motor vehicle has a right to use the public highways for the purpose of locomotion. He is required to exercise this right with due regard to the rights of others, who, with equal right, may be using these public thoroughfares. The intent of the statute is to guard the public against injury from the exercise of a recognized right, by limiting the exercise of that right, and [576]*576placing certain duties and obligations upon the driver of these fast moving vehicles.

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Related

State v. Bauer
20 N.W.2d 431 (Supreme Court of Iowa, 1945)
Des Moines City Railway v. City of Des Moines
216 N.W. 284 (Supreme Court of Iowa, 1927)
Royal v. City of Des Moines
195 Iowa 23 (Supreme Court of Iowa, 1921)

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Bluebook (online)
162 Iowa 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-read-iowa-1913.