LEWIS v. KENNISON

No. 62174.

278 N.W.2d 12 (1979)

James E. LEWIS, Appellee, v. John W. KENNISON and CRST, a/k/a Cedar Rapids Steel Transportation, Appellants.

Supreme Court of Iowa.

April 25, 1979.


Attorney(s) appearing for the Case

David L. Brown and Chester C. Woodburn, III, of Hansen, Wheatcraft & McClintock, Des Moines, for appellants.

David S. Wiggins and Louis A. Lavorato, of Williams, Hart, Lavorato & Kirtley, West Des Moines, for appellee.

Considered by REES, P. J., and HARRIS, McCORMICK, ALLBEE and LARSON, JJ.


ALLBEE, Justice.

This appeal involves the propriety of the admission of evidence of an advance payment on the theory that the payment was an admission of liability. The action arises from these events. On April 8, 1975, plaintiff, James E. Lewis, was driving his van on Southeast 18th Street in Des Moines. He stopped at an occupied railway crossing behind a semitrailer owned by defendant CRST and operated by its employee, defendant John W. Kennison. After plaintiff...

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