Upton v. Hines

The action arose out of an accident on a street crossjng in the town of Ogden. On the 6th day of November, 1918, appellee’s son was driving appellee’s automobile down a street in the town of Ogden, when it was struck by a train of the Minneapolis & St. Louis Railway Company, which was moving in a northerly direction. The case has been in this court once before. Upton v. Hines, 193 Iowa 385.

On the former appeal, it appeared that the trial court sustained the defendant’s motion for a directed verdict, made at the close of plaintiff’s evidence. Thereafter, the trial court sustained plaintiff’s…