JORGENSEN v. HORTON

No. 55381.

206 N.W.2d 100 (1973)

Verrine JORGENSEN, Administrator of the Estate of James W. Jorgensen, Deceased, Appellant, v. Wayne C. HORTON, Appellee.

Supreme Court of Iowa.

March 28, 1973.


Attorney(s) appearing for the Case

Harry H. Smith, Sioux City, for appellant.

Roy W. Meadows, Des Moines, for appellee.

Considered en banc.


McCORMICK, Justice.

Plaintiff appeals from judgment entered on a jury verdict for defendant in this wrongful death action. She alleges trial court erred in instructing the jury on the issues of defendant's negligence and her decedent's contributory negligence. We find trial court instructed correctly on negligence but incorrectly on contributory negligence, and reverse and remand.

Decedent James W. Jorgensen was employed as a laborer by a contractor laying...

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