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CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY v. WARREN COUNTY

No. 51393.

131 N.W.2d 457 (1964)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant, v. WARREN COUNTY, Iowa, Appellee.

Supreme Court of Iowa.

November 17, 1964.

Attorney(s) appearing for the Case

Gamble, Read, Riepe, Martin & Webster, Des Moines, for appellant.

Herrick, Langdon, Sandblom & Belin and James A. Lorentzen, Des Moines, for appellee.

PER CURIAM.

Appellant alleges one of its trains was struck and derailed by a road grader driven by an employee who had lost a limb and was incompetent to run the grader. His incompetence was the proximate cause of the collision, from which plaintiff suffered extensive damages.

The case is controlled by the recent decision of this court in Boyer v. Iowa High School Athletic Ass'n, Iowa, 127 N.W.2d 606.

Opinion affirming...

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