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HARDEN v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 50772.

118 N.W.2d 76 (1962)

William M. HARDEN and William M. Harden, Administrator of the Estate of Maurice W. Harden, Deceased, Appellee, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellant.

Supreme Court of Iowa.

November 13, 1962.

Attorney(s) appearing for the Case

Burnquist, Burnquist & Kersten, Fort Dodge, for appellant.

Mitchell, Mitchell & Murray, Fort Dodge, for appellee.

MOORE, Justice.

This wrongful death action has been twice tried to a jury. The first resulted in judgment for defendant which we reversed on the ground of jury misconduct. (253 Iowa 341, 112 N.W.2d 324). The second jury did not agree. Defendant then filed a motion for judgment claiming its motion for directed verdict should have been sustained as the evidence failed to create a jury question on freedom from contributory negligence...

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