State Farm Mutual Automobile Insurance Co. v. Nelson

SNELL, Justice.

This case is before us on appeal from the trial court’s adjudication of law points effectively holding that there was no cause of action against Chicago, Rock Island and Pacific Railroad Company, hereinafter called Rock Island. As the ruling was decided on the pleadings we must take all well pleaded facts in the petition and cross-petition as true. Buckley v. Deegan, 244 Iowa 503, 505, 57 N.W.2d 196.

Carl C. Johnson, accompanied by his wife and children, was driving his car on U. S. Highway 71. The car collided with a cow in the traveled portion of the highway. The cow belonged…