CAPENER v. DUIN

No. 53728.

173 N.W.2d 80 (1969)

Wendell CAPENER and Betty Capener, Appellees, v. Peter G. DUIN and Leora M. Duin, Appellants.

Supreme Court of Iowa.

December 9, 1969.


Attorney(s) appearing for the Case

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for appellants.

James, Greer, Nelson & Bertell, Spencer, for appellees.


LARSON, Justice.

This is an appeal from two actions brought separately by Wendell Capener and his spouse Betty Capener, tried jointly by agreement of the parties. The basis of both damage claims against defendants is a fall by plaintiff-invitee on icy porch steps leading to a mailbox at defendants' residence. Trial was to the court and resulted in a judgment against the defendants and in favor of plaintiff Wendell Capener in the sum of $17,050 and in favor of plaintiff...

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