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STEWART v. MADISON

No. 61482.

278 N.W.2d 284 (1979)

Joseph A. STEWART, Appellee, v. Justin W. MADISON and Earl R. Smith, Defendants, and Chicago and North Western Transportation Company, Appellant. Justin W. MADISON, Appellant on Cross-Petition, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellee on Cross-Petition.

Supreme Court of Iowa.

Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

B. A. Webster and Bruce Johnson of Gamble, Riepe, Burt, Webster & Fletcher, Des Moines, for appellant (and appellee on cross-petitioner's appeal) Chicago and North Western Transportation Company.

George A. LaMarca and Louis A. Lavorato of Williams, Hart, Lavorato & Kirtley, West Des Moines, for appellee Joseph A. Stewart.

Gary R. Hassel, Des Moines, for Justin W. Madison, appellant on cross-petition.

Considered en banc.

LARSON, Justice.

The Chicago and North Western Transportation Company, a railroad, appeals from an order of the district court overruling its alternative motions for judgment notwithstanding the verdict or for a new trial, following a jury verdict against it in an action brought by an automobile passenger, Joseph A. Stewart. The driver of the car, Justin W. Madison, also appeals following a verdict against him on his cross-petition against the railroad. We affirm...

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