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WRIGHT v. MIDWEST OLD SETTLERS

No. 95-1562.

556 N.W.2d 808 (1996)

Mary Jo WRIGHT, Gary J. Wright, and Daniel J. Wright and Debra A. Wright, Through Gary J. Wright, Their Parent and Next Friend, Appellants, v. MIDWEST OLD SETTLERS AND THRESHERS ASSOCIATION and Gary Van Gilst, Appellees, and Midwest Central Railroad, Defendant.

Supreme Court of Iowa.

December 18, 1996.

Attorney(s) appearing for the Case

Kermit L. Dunahoo of the Dunahoo Law Firm, Des Moines, for appellants.

John D. Stonebraker of McDonald, Stonebraker & Cepican, P.C., Davenport, for appellees.

Considered by HARRIS, P.J., and CARTER, NEUMAN, SNELL, and ANDREASEN, JJ.

PER CURIAM.

At issue in the present case is whether a train operated by the defendants, Midwest Old Settlers and Threshers Association (association) and Gary Van Gilst, comes within the definition of a common carrier, thereby justifying an instruction in a personal injury action on the higher standard of care attributable to a common carrier. The plaintiffs, Mary Jo and Gary Wright and their two minor children, maintain that the train the association operated is a...

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