TOBIN v. VAN ORSDOL

No. 47764.

45 N.W.2d 239 (1950)

TOBIN v. VAN ORSDOL et al.

Supreme Court of Iowa.

December 12, 1950.


Attorney(s) appearing for the Case

John D. Randall, Richard F. Nazette, of Cedar Rapids, for appellants.

Otto L. Schluter, Adam A. Kreuter, of Cedar Rapids, for appellee.


MULRONEY, Justice.

Much of defendants' brief is devoted to an argument that plaintiff was guilty of contributory negligence as a matter of law. We shall state the facts in the light most favorable to plaintiff.

Plaintiff, Ollie Tobin who is 58 years old, was a packing house employee in Cedar Rapids. On July 29, 1948, he got off work about noon and walked to a barber shop located on the east side of Third Street and about 100 feet south of Eighth Avenue. He...

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