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WACHTER v. McCUEN

No. 49695.

96 N.W.2d 597 (1959)

James H. WACHTER, Plaintiff-Appellant, v. J. Ivan McCUEN, Defendant-Appellee.

Supreme Court of Iowa.

May 5, 1959.

Attorney(s) appearing for the Case

Duffield & Pinegar, Des Moines, and Robert I. Ulstad, Fort Dodge, for appellant.

Boardman, Cartwright & Druker, Marshalltown, for appellee.

THOMPSON, Chief Justice.

On April 18, 1956, about 3:50 p. m., the plaintiff was driving his automobile south on Highway No. 14 about ten miles south of Marshalltown. A loaded gravel truck owned by the defendant and driven by one Edward Peterson, aged 19, an employee, was likewise proceeding south on the same highway. Highway No. 14 is a two lane 18 foot pavement at all material points. When plaintiff first observed the truck...

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