Westergard v. Des Moines Railway Co.

52 N.W.2d 39 (1952)

WESTERGARD

v.

DES MOINES RY. CO.

No. 47988.

Supreme Court of Iowa.

March 4, 1952.

D. Cole McMartin, and Herrick & Langdon, all of Des Moines, for appellant.

Dale S. Missildine, and J. W. Albert, of Des Moines, for appellee.

THOMPSON, Chief Justice.

About 11:30 p. m. on January 6th, 1949, a collision occurred between a pickup truck, owned and operated by plaintiff, and defendant's streetcar on the Seventh street viaduct in the city of Des Moines. Both the truck and streetcar were traveling north across the viaduct immediately before the collision. With the truck some distance in the…