WESTERGARD v. DES MOINES RY. CO.

No. 47988.

52 N.W.2d 39 (1952)

WESTERGARD v. DES MOINES RY. CO.

Supreme Court of Iowa.

March 4, 1952.


Attorney(s) appearing for the Case

D. Cole McMartin, and Herrick & Langdon, all of Des Moines, for appellant.

Dale S. Missildine, and J. W. Albert, of Des Moines, for appellee.


THOMPSON, Chief Justice.

About 11:30 p. m. on January 6th, 1949, a collision occurred between a pickup truck, owned and operated by plaintiff, and defendant's streetcar on the Seventh street viaduct in the city of Des Moines. Both the truck and streetcar were traveling north across the viaduct immediately before the collision. With the truck some distance in the rear of the streetcar both had climbed the south approach of the viaduct, crossed a level space of some...

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