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PAULSEN v. DES MOINES U. RY. CO.

No. 59670.

262 N.W.2d 592 (1978)

Ernest C. PAULSEN, Appellant, v. DES MOINES UNION RAILWAY COMPANY, Appellee.

Supreme Court of Iowa.

February 22, 1978.

Attorney(s) appearing for the Case

Larry D. Krpan and Ronald A. Baybayan, of Mike Wilson Law Firm, Des Moines, for appellant.

L. R. Voights and Keith E. Luchtel, of Nyemaster, Goode, McLaughlin, Emery & O'Brien, Des Moines, for appellee.

Considered en banc.

McCORMICK, Justice.

This appeal involves the question whether defendant Des Moines Union Railway Company proved its defense of contributory negligence as a matter of law in bar of plaintiff Ernest C. Paulsen's action for damages arising from a crossing accident. Paulsen obtained a jury verdict under instructions submitting that issue to the jury. Upon the railroad's motion for judgment notwithstanding the verdict, the trial...

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