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COLEMAN v. BROWER CONSTRUCTION COMPANY

No. 50758.

119 N.W.2d 256 (1963)

Wilfred COLEMAN, as Administrator of the Estate of Ronald D. Coleman, Deceased, Appellee, v. BROWER CONSTRUCTION COMPANY, Appellant.

Supreme Court of Iowa.

January 15, 1963.

Attorney(s) appearing for the Case

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

Linnan, Lynch & Straub, Algona, and Harlyn A. Stoebe, Humboldt, for appellee.

GARFIELD, Chief Justice.

The question presented is whether the trial court abused its discretion in ordering a second trial after jury verdict for defendant in this action to recover for death of plaintiff's decedent from injuries received when his automobile struck the rear of defendant's unlighted road construction roller on a primary highway after sunset. We affirm the trial court.

The accident occurred September 1, 1960, about 7:15 p. m. on U. S. Highway...

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