PLUMB v. MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY

No. 49465.

91 N.W.2d 380 (1958)

Jay W. PLUMB, Appellee, v. MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY, a Minnesota Corporation, and M. D. Vladyka, Appellant.

Supreme Court of Iowa.

July 28, 1958.


Attorney(s) appearing for the Case

Lundy, Butler, Lundy & Wilson, Eldora, for appellant.

Lex Hawkins, Des Moines, for appellee.


GARFIELD, Chief Justice.

This is a law action to recover for personal injury and damage to plaintiff's 1953 Mercury tudor sedan resulting from a collision between it and defendant railway's two-car passenger train at a highway crossing about 8 a. m., January 21, 1955. The train's engineer was a codefendant with the railway company but on their motion, at the close of the evidence, the court dismissed the case as to the engineer. The jury returned a verdict for plaintiff...

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