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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. NELSON

No. 53447.

166 N.W.2d 803 (1969)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Dale E. NELSON, Defendant-Appellant, and Chicago, Rock Island and Pacific Railroad Company, Defendant-Appellee.

Supreme Court of Iowa.

April 8, 1969.

Attorney(s) appearing for the Case

Edward S. White, Carroll, for appellant.

James C. Smith, Carroll, for plaintiff-appellee.

Gamble, Riepe, Martin & Webster, Des Moines, and Dale D. Levis, Audubon, all for defendant-appellee.

SNELL, Justice.

This case is before us on appeal from the trial court's adjudication of law points effectively holding that there was no cause of action against Chicago, Rock Island and Pacific Railroad Company, hereinafter called Rock Island. As the ruling was decided on the pleadings we must take all well pleaded facts in the petition and cross-petition as true. Buckley v. Deegan, 244 Iowa 503, 505, 57 N.W.2d 196.

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