Supreme Court of Iowa May 5, 1964, 51256 (Delay v. Kudart)

ThobNtoN, J.

Plaintiff’s decedent and defendant’s decedent lost their lives in the automobile collision out of which this action arises. For convenience we will refer to them as plaintiff and defendant.

Plaintiff’s action for wrongful death is in two divisions. The first is based on negligence wherein plaintiff riding in defendant’s auto seeks to avoid the guest statute, section 321.