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HAMMARMEISTER v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 50673.

117 N.W.2d 463 (1962)

Roy R. HAMMARMEISTER, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY and William P. Brennan, Appellees.

Supreme Court of Iowa.

October 16, 1962.

Attorney(s) appearing for the Case

Max Putnam, of Putnam, Putnam & Putnam, Des Moines, Robert Buckmaster of Beecher, Buckmaster, Beecher & Lindeman, Waterloo, John Sweeney, Des Moines, for appellant.

L. J. Cohrt and Eldon McCann of Swisher, Cohrt, Swisher, Finch & McCann, Waterloo, for appellees.

PETERSON, Justice.

On February 17th, 1958, plaintiff was driving a 1954 Ford Tandem north on what is known as the Coalville road, two miles east and two miles south of Fort Dodge. Defendant's main line from Chicago to Sioux City runs east and west in that area. Plaintiff's truck, weighing 17 ton, with its load, struck the side of defendant's two diesel engines as the train was crossing the road. Defendant suffered heavy damage as to its equipment, the front of plaintiff...

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