Legal Opinion

Wittrup v. Chicago & Northwestern Ry. Co.

Supreme Court of Iowa

Decided March 19, 1975No. 2-56466Published

1Opinion of the Court

226 N.W.2d 822 (1975)

Carl WITTRUP, Appellant,

v.

CHICAGO AND NORTHWESTERN RAILWAY COMPANY, Appellee.

No. 2-56466.

Supreme Court of Iowa.

March 19, 1975.

Bierman & Bierman, Grinnell, for appellant.

Davis, Johnson, Burt & Davis, and R. Jeffrey Lewis, Des Moines, for appellee.

Considered en banc.

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…

2Cases cited23 opinions

  1. Susan Passwaters, by Donald Passwaters, Her Father and Next Friend, and Donald Passwaters v. General Motors CorporationCourt of Appeals for the Eighth Circuit · 1972
  2. Lindquist v. Des Moines Union Railway Co.Supreme Court of Iowa · 1947
  3. Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
  4. Ruby Ex Rel. Ruby v. EastonSupreme Court of Iowa · 1973
  5. Contino v. Baltimore & Annapolis R. CoCourt of Appeals for the Fourth Circuit · 1949

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