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KUPER v. CHICAGO & NORTH WESTERN TRANSP. CO.

No. 62776.

290 N.W.2d 903 (1980)

Mabel KUPER, Administratrix of the Estate of Kenneth Lee Kuper, Deceased; Russell Kuper; and Kroblin Refrigerated Express, an Iowa Corporation, Appellees, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 16, 1980.

Attorney(s) appearing for the Case

B. A. Webster and Bruce E. Johnson of Gamble, Riepe, Burt, Webster & Davis, Des Moines, for appellant.

Nick Critelli of Critelli & Foxhoven, Des Moines, for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, UHLENHOPP, and McGIVERIN, JJ.

LeGRAND, Justice.

This appeal arises out of an accident which occurred on March 19, 1976, when a semitrailer struck a standing train of the Chicago and North Western Transportation Company. The accident caused the death of Kenneth Lee Kuper, and the principal plaintiff is the administrator of his estate.

At the time of the accident, the decedent was driving a rig partially owned by Russell Kuper and partially owned by Kroblin Refrigerated Express. Jury verdicts...

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