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ROSIN v. NORTHWESTERN STATES PORTLAND CEMENT CO.

No. 50175.

107 N.W.2d 559 (1961)

Jerome ROSIN, Appellee, v. NORTHWESTERN STATES PORTLAND CEMENT COMPANY, Appellant.

Supreme Court of Iowa.

February 8, 1961.

Attorney(s) appearing for the Case

Westfall, Laird & Burington, Mason City, for appellant.

Breese & Cornwell, Mason City, for appellee.

PETERSON, Justice.

This is an action for damages for personal injuries and property loss sustained by plaintiff on August 13, 1957 when his automobile was run into by defendant's diesel locomotive at the edge of Mason City.

Plaintiff testified that as he traveled east on a country road he observed a railroad sign which caused him to be on the lookout for any train that might be approaching. He was driving on a new road. The rock base had been filled in, and...

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