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Houlahan v. Brockmeier

Supreme Court of Iowa
May 3, 1966
258 Iowa 1197 (Iowa 1966)

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. Tendal

Opinion


141 N.W.2d 924 (Iowa 1966) 258 Iowa 1197 Joseph T. HOULAHAN, Appellant, v. Roy BROCKMEIER, Appellee. No. 51971. Supreme Court of Iowa. May 3, 1966

       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.


Summaries of

Houlahan v. Brockmeier

Supreme Court of Iowa
May 3, 1966
258 Iowa 1197 (Iowa 1966)

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. Tendal

In Houlahan, the plaintiff-owner testified he gave his older son permission to drive his car to Iowa City so that his older son could secure a postoperative checkup and his younger son could keep a dental appointment.

Summary of this case from Perry v. Tendal

In Houlahan v. Brockmeier, 258 Iowa 1197, 1203, 141 N.W.2d 545, 549, we state: "We have repeatedly held a decision which is proper on any ground shown by the record will not be disturbed on appeal.

Summary of this case from Needles v. Kelley
Case details for

Houlahan v. Brockmeier

Case Details

Full title:JOSEPH T. HOULAHAN, appellant, v. ROY BROCKMEIER, appellee

Court:Supreme Court of Iowa

Date published: May 3, 1966

Citations

258 Iowa 1197 (Iowa 1966)
258 Iowa 1197
141 N.W.2d 545

Citing Cases

Perry v. Tendal

Id. at 61. In Houlahan v. Brockmeier, 258 Iowa 1197, 141 N.W.2d 545 (1966), this court held — on stronger…

Oehlert v. Kramer

5 Am.Jur.2d, Appeal and Error, section 966, page 393. We have taken the same view. Houlahan v. Brockmeier,…