Legal Opinion
Wittrup v. Chicago & Northwestern Ry. Co.
Supreme Court of Iowa
Decided March 19, 1975No. 2-56466PublishedCited by 13 opinions
1Opinion of the Court
REYNOLDSON, Justice.
Plaintiff is owner of a truck damaged when it came into collision with defendant’s' railroad overpass. At close of all evidence trial court directed a verdict in defendant’s favor and plaintiff appeals. We reverse and remand for new trial.
The railroad overpass spanned Second Avenue in Grinnell, Iowa. Its elevation above street level varied from approximately 8 feet 5 inches to 8 feet 10 inches. Plaintiff’s boom truck was about 9 feet 6 inches in height. On the morning of August 24, 1970 it was operated by Mike Cornelius, a student of construction technology at Iowa State…
2Cases cited17 opinions
- Lindquist v. Des Moines Union Railway Co.Supreme Court of Iowa · 1947
- Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
- Ruby Ex Rel. Ruby v. EastonSupreme Court of Iowa · 1973
- Contino v. Baltimore & Annapolis R. CoCourt of Appeals for the Fourth Circuit · 1949
- Pamela A. MacLean v. Parkwood, Inc.Court of Appeals for the First Circuit · 1966
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Larsen v. United Federal Savings & Loan Ass'n of Des MoinesSupreme Court of Iowa · 1981
- Wilson v. NepstadSupreme Court of Iowa · 1979
- Sankey v. RichenbergerSupreme Court of Iowa · 1990
- Weber v. MadisonSupreme Court of Iowa · 1977
- Fritz v. ParkisonSupreme Court of Iowa · 1986
8 more not listed; retrieve them via the Exa API.