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JESSE v. WEMER AND WEMER COMPANY

No. 49091.

82 N.W.2d 82 (1957)

Freddie JESSE, Appellee, v. WEMER and WEMER COMPANY and Adam Walters, Appellants.

Supreme Court of Iowa.

Rehearing Denied June 3, 1957.

Attorney(s) appearing for the Case

Gilmore, Dull & Keith, Ottumwa, and Baumert & Gerard, Sigourney, for appellants.

Moon, Barnes & Schlegel, Ottumwa, and Kepford, Balch & Kepford, Waterloo, for appellee.

LARSON, Justice.

Plaintiff's action for damages resulted from an accident on Highway 63 about three miles north of Ottumwa, Iowa, May 22, 1951, about 6 or 6:30 P.M. Southbound plaintiff had brought his empty semitrailer truck to a stop from 40 to 75 feet north of a railroad underpass after he received a signal from the operator of a northbound semitrailer nearing the underpass indicating that he was coming through. Plaintiff, traveling about 50 miles per hour, had...

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