GOMAN v. BENEDIK

No. 50582.

113 N.W.2d 738 (1962)

Ralph GOMAN, d/b/a Acme Transfer Company, Appellee, v. Mary BENEDIK, Appellant.

Supreme Court of Iowa.

March 6, 1962.


Attorney(s) appearing for the Case

Clyde Putnam, Jr., of Putnam & Putnam, Des Moines, and Walter J. Willett, Tama, for appellant.

Ben Morris, of Hyland & Hyland, Tama, and George G. Fagg and Harry Druker, of Boardman, Cartwright & Druker, Marshalltown, for appellee.


LARSON, Justice.

The question presented by this appeal is whether the trial court erred in refusing to rule as a matter of law plaintiff was contributorily negligent, and therefore could not recover in an action for damages to his truck tractor as a result of a collision with the rear end of defendant's automobile on a primary highway bridge. We hold with the trial court that under the record the issue of freedom from contributory negligence was one of fact for the...

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