SCHONBERGER v. ROBERTS

No. 89-800.

456 N.W.2d 201 (1990)

Rodney J. SCHONBERGER, Appellee, v. Carroll John ROBERTS and Buck Hummer Trucking, Inc., Appellants.

Supreme Court of Iowa.

Rehearing Denied June 20, 1990.


Attorney(s) appearing for the Case

Frank J. Comito of Neu, Minnich, Comito & Hall, P.C., Carroll, for appellants.

Russell S. Wunschel and Dee Ann Wunschel of Wunschel & Eich, Carroll, and Barry T. Bruner of Bruner & Bruner, Carroll, for appellee.

Considered en banc.


HARRIS, Justice.

When the legislature, in two separate statutes, prohibits the application of a rule of common law we are clearly obliged to yield to the mandate. The question here is whether we should give the mandate double effect. This appeal calls for interpretation of an Iowa statute which is in part designed to deal with a situation already controlled by another statute. A literal interpretation of the latter statute, in view of the prior one, would call for...

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