Dolan v. Bremner

— The accident out of which this action arose happened at a point near the northwest corner of the town of Ackley in Hardin county, Iowa, where paved highway No. 20 crosses the main line and two side tracks of the Minneapolis & St. Louis Railroad Company. The defendant, W. H. Bremner, is the receiver of the railroad company. On the night of October 10, 1933, between 8 and 9 o’clock, the plaintiff was a guest in an automobile owned and operated by Dr. J. K. Stipp, which was going eastward on the highway.

The evidence tends to show that on this night mist or fog was overhanging the lowlands and…