KRUCK v. NEEDLES

No. 52268.

144 N.W.2d 296 (1966)

Warren J. KRUCK, Appellee, v. Gene L. NEEDLES, Commissioner of Public Safety, Appellant.

Supreme Court of Iowa.

Rehearing Denied September 20, 1966.


Attorney(s) appearing for the Case

Lawrence F. Scalise, Atty. Gen., Timothy McCarthy, Solicitor Gen., and Michael McCauley, Asst. Atty. Gen., for appellant.

Mahoney, Jordan & Smith, Boone, for appellee.


GARFIELD, Chief Justice.

The question presented in this declaratory judgment action is whether section 321.442, Code, 1962, prohibits use of automobile tires containing metal inserts, referred to as safety spike winter tires. The trial court held it does not. We hold it does.

The statute provides: "No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than...

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