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SILVIA v. PENNOCK

No. 50570.

113 N.W.2d 749 (1962)

Louise SILVIA, Appellant, v. E. J. PENNOCK and Joe Ann Pennock, Appellees.

Supreme Court of Iowa.

March 8, 1962.

Attorney(s) appearing for the Case

Duffield, Pinegar & Tapscott, and Ben B. Hockenberg, Des Moines, for appellant.

Ross H. Sidney, Des Moines, for appellees.

GARFIELD, Chief Justice.

This appeal involves the question whether a motorist's failure to travel on the right-hand side of the center of a city street as required by section 321.297, Code 1958, I.C.A., is negligence when presence of a deep snowbank on such side leaves insufficient space for travel thereon. We hold the jury could properly find presence of the snowbank, under the circumstances here, constituted a legal excuse, within the holding of Kisling v. Thierman...

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