MAST v. ILLINOIS CENT. R. CO.

No. 13859.

176 F.2d 157 (1949)

MAST v. ILLINOIS CENT. R. CO.

United States Court of Appeals Eighth Circuit.

July 19, 1949.


Attorney(s) appearing for the Case

Oliver J. Reeve, Waverly, Iowa (Sweet & Sager, Waverly, Iowa, on the brief), for appellant.

F. H. Helsell, Fort Dodge, Iowa (Helsell, Burnquist & Bradshaw, Fort Dodge, Iowa, Swisher, Cohrt & Swisher, Waterloo, Iowa, V. W. Foster, Chicago, Ill., and C. A. Helsell, Fort Dodge, Iowa, on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

This is an appeal from a judgment on a directed jury verdict in an action brought by the executrix of the estate of Harry E. Mast who was killed in a collision between a truck owned and driven by Mast and one of appellee's trains.

The collision occurred at a grade crossing in the open country north of Cedar Falls, Iowa, at about noon on a still, clear, summer day. The highway, a secondary public road, runs east and west, was constructed...

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