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HOYT v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

No. 55349.

206 N.W.2d 115 (1973)

Phyllis I. HOYT, Administrator of the Estate of Peary Hoyt, Jr., Deceased, Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY and Fred Brown, Appellees. Phyllis I. HOYT, Administrator of the Estate of Peary Edward Hoyt, Deceased, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY and Fred Brown, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 17, 1973.

Attorney(s) appearing for the Case

Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, for appellant-administrator.

Gamble, Riepe, Martin, Webster & Fletcher, Des Moines, and Selby & Updegraff, Newton, for appellees-defendants.

Considered en banc.

LeGRAND, Justice.

This appeal arises out of a fatal railroad crossing accident which occurred on December 24, 1968. A 73-car freight train of Chicago, Rock Island, and Pacific Railroad Company struck a car driven by Peary Hoyt, Jr. His adult son, Peary Edward Hoyt, was a passenger in the vehicle. Both were killed. Plaintiff brought wrongful death actions as administrator of each, suing the railroad and Fred Brown, the train...

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