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ZWANZIGER v. CHICAGO & NORTHWESTERN RAILWAY CO.

No. 51962.

141 N.W.2d 568 (1966)

Donald ZWANZIGER, As Administrator of the Estate of Janet Zwanziger, Deceased, Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY, Jane Marie Hamilton, and Robert Ward Hamilton, Appellees. Sharon CROATT, By Nick J. Croatt, Her Parent and Next Friend, Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY, Jane Marie Hamilton and Robert Ward Hamilton, Appellees.

Supreme Court of Iowa.

Rehearing Denied June 14, 1966.

Attorney(s) appearing for the Case

Brown, Dresser, Kinsey & Jolas, Mason City, and John R. Cronin, Nashua, for appellants.

Walter C. Schroeder, Mason City, for Hamiltons, appellees.

BECKER, Justice.

These consolidated actions grow out of a train automobile collision. Plaintiffs dismissed as to defendant railroad. Plaintiff Donald Zwanziger, as administrator of the estate of Janet Zwanziger, and Sharon Croatt, by her next friend, each allege they were passengers and not guests, in the automobile being driven by defendant Jane Hamilton and owned by defendant Robert Hamilton. At the close of plaintiffs' evidence defendants moved for directed verdict...

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