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FANE v. HOOTMAN

No. 50831.

117 N.W.2d 435 (1962)

Harry FANE, Plaintiff, v. James HOOTMAN, Defendant-Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Third-Party Defendant-Appellant.

Supreme Court of Iowa.

October 16, 1962.

Attorney(s) appearing for the Case

Waldo Fimmen, Bloomfield, A. B. Howland and B. A. Webster, Jr., of Des Moines, for third party defendant-appellant.

D. W. Harris, Bloomfield, for plaintiff.

Napier & Fehseke by R. L. Fehseke, Fort Madison, for defendant-appellee.

SNELL, Justice.

We have before us on interlocutory appeal a question of pleading. This case was instituted by the plaintiff, a bystander against defendant the operator of a road grader struck by a train.

On April 26, 1961, a collision occurred at a railroad crossing between a road grader operated by defendant, James Hootman, and a train owned and operated by Chicago, Rock Island and Pacific Railroad Company.

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