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WITTRUP v. CHICAGO & NORTHWESTERN RY. CO.

No. 2-56466.

226 N.W.2d 822 (1975)

Carl WITTRUP, Appellant, v. CHICAGO AND NORTHWESTERN RAILWAY COMPANY, Appellee.

Supreme Court of Iowa.

March 19, 1975.

Attorney(s) appearing for the Case

Bierman & Bierman, Grinnell, for appellant.

Davis, Johnson, Burt & Davis, and R. Jeffrey Lewis, Des Moines, for appellee.

Considered en banc.

REYNOLDSON, Justice.

Plaintiff is owner of a truck damaged when it came into collision with defendant's railroad overpass. At close of all evidence trial court directed a verdict in defendant's favor and plaintiff appeals. We reverse and remand for new trial.

The railroad overpass spanned Second Avenue in Grinnell, Iowa. Its elevation above street level varied from approximately 8 feet 5 inches to 8 feet 10 inches. Plaintiff's boom truck was about 9 feet 6...

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