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BERGHAMMER v. SMITH

No. 54228.

185 N.W.2d 226 (1971)

John F. BERGHAMMER and Lillian J. Berghammer, Appellees-Cross-Appellants, v. Bernard Andrew SMITH d/b/a Smith Trucking Company, Appellant-Cross-Appellee. ADMIRAL-MERCHANTS MOTOR FREIGHT COMPANY, Appellee-Cross-Appellant, v. Bernard Andrew SMITH d/b/a Smith Trucking Company, Appellant-Cross-Appellee.

Supreme Court of Iowa.

Rehearing Denied April 5, 1971.

Attorney(s) appearing for the Case

Nolan, Lucas & Nolan, Iowa City, for appellant-cross-appellee.

Nelson & Fassler, Cedar Rapids, for appellees-cross-appellants.

LeGRAND, Justice.

This appeal arises out of an automobile accident which occurred on September 27, 1966. The plaintiff, John F. Berghammer, was driving a truck owned by Admiral-Merchants Motor Freight Company when he was involved in a head-on collision with a truck owned by the defendant, Bernard Andrew Smith d/b/a Smith Trucking Company, which was then being driven by Smith's employee, Willis G. Bible, who was fatally...

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