BERNAL v. BERNHARDT

No. 53865.

180 N.W.2d 437 (1970)

Celestino BERNAL, Appellee, v. Roger Eugene BERNHARDT, Appellant.

Supreme Court of Iowa.

October 13, 1970.


Attorney(s) appearing for the Case

Westfall, Laird, Burington, Bovard & Heiny, Mason City, for appellant.

Fitzgibbons & Fitzgibbons, Estherville, for appellee.


STUART, Justice.

A pedestrian who was struck by defendant's automobile as he was crossing State Highway 9 in a 45 mile per hour zone in the town of Thompson brought this action to recover damages for the resulting personal injuries. The jury returned a defendant's verdict. The trial judge sustained plaintiff's motion for new trial on the ground that he erred in admitting the testimony of the highway patrolman as to the speed of the vehicle at the time the brakes were...

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