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KEARNEY v. AHMANN

No. 59968.

264 N.W.2d 768 (1978)

Richard KEARNEY, Appellant, v. Robert AHMANN, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 23, 1978.

Attorney(s) appearing for the Case

Randal J. Nigg, of Reynolds, Kenline, Breitbach, McCarthy, Clemens & McKay, Dubuque, for appellant.

David Hammer, of O'Connor, Thomas, Wright, Hammer, Bertsch & Norby, Dubuque, for appellee.

Considered by MOORE, C. J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

McCORMICK, Justice.

The question here in whether areas of streets on which parking is permitted are part of the roadway defined in our motor vehicle statutes. In instructing the jury on plaintiff Richard Kearney's duty to drive his motorcycle on the right half of the roadway under § 321.297(1), The Code, 1975, the trial court said, "[T]he portions of the street in which parking is permitted shall not be considered...

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