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DALY v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 49542.

93 N.W.2d 68 (1958)

Ileen DALY, Administratrix of the Estate of Cletus Daly, Deceased, Plaintiff-Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY and D. L. Holley, Defendants-Appellants.

Supreme Court of Iowa.

November 18, 1958.

Attorney(s) appearing for the Case

O'Connor, Thomas, McDermott & Wright, Dubuque, and Burnquist, Helsell, Burnquist & Kersten, Fort Dodge, for appellant Illinois Cent. R. Co.

Czizek & Czizek, Dubuque, for appellant D. L. Holley.

Kenline, Roedell, Hoffmann & Reynolds, Dubuque, for appellee.

LARSON, Justice.

This is the second appeal to this court of an action for wrongful death arising out of a railroad crossing collision between a small truck and the Illinois Central passenger train "Land O'Corn" on January 7, 1952, in the Town of Farley, Iowa. See Daly v. Illinois Central Railroad Company, 248 Iowa 758, 80 N.W.2d 335.

On the retrial a general verdict was returned in favor of the defendants. Thereafter, the...

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