MANLEY v. O'BRIEN CTY. RURAL ELEC. COOP.

No. 59508.

267 N.W.2d 39 (1978)

T. Lee MANLEY and Leone Manley, Appellants, v. O'BRIEN COUNTY RURAL ELECTRIC COOPERATIVE, a corporation, Appellee.

Supreme Court of Iowa.

June 28, 1978.


Attorney(s) appearing for the Case

Smith & Grigg, Primghar, for appellants.

James, Greer, Hoover, Nelson, Bertell, Montgomery & Barry, Spencer, for appellee.

Considered en banc.


REES, Justice.

The plaintiffs appeal the trial court's overruling of their motion for a new trial following a verdict for the defendant in plaintiffs' action for damages. The plaintiffs assert the trial court erred in instructing the jury regarding contributory negligence. The Court of Appeals reversed and remanded for a new trial and we granted further review. We now reverse and remand for a new trial.

On July 29, 1974 the plaintiffs filed their petition...

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