SMITH, Justice.
The case was tried twice. The first jury disagreed; the second returned a verdict for plaintiff upon which the court entered judgment, overruling defendant's motion for judgment notwithstanding verdict. Defendant has appealed.
The basic facts are not seriously in dispute. Defendant operated a city bus system in Cedar Rapids. On May 16, 1946, at about 10 o'clock P. M. plaintiff concededly became a passenger on one of its buses and sat opposite...
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