BOYLE v. BURT

No. 53860.

179 N.W.2d 513 (1970)

Daniel W. BOYLE, Administrator of the Estate of James E. Vanek, Deceased, Plaintiff, v. Barry O. BURT and Gregory W. Burt, Defendants-Appellees, v. IOWA CITY, Iowa, a Municipal Corporation, Additional Defendant-Appellant.

Supreme Court of Iowa.

Rehearing Denied October 12, 1970.


Attorney(s) appearing for the Case

Jay H. Honohan, Iowa City, for additional defendant-appellant.

E. H. Wadsworth, of Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, William L. Meardon, Iowa City, and Davis, Huebner, Johnson & Burt, Des Moines, for defendants-appellees.

Shulman, Phelan, Tucker, Boyle & Mullen, Iowa City, for plaintiff.


RAWLINGS, Justice.

Plaintiff administrator brought action at law against defendants Burt for damages resulting from automobile accident death of his decedent. The Burts impleaded and by cross-petition seek contribution or indemnity from additional defendant, The City of Iowa City. By motion to dismiss, defendant City asserted right of redress sought by defendants Burt is barred because no claim notice was given the municipality...

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