Dorcas v. Aikman

This is a damage action for the death of Byron M. Dorcas caused when his truck was struck from the rear by defendant’s automobile September 11, 1961, on Highway 38 approximately three miles north of Tipton in Cedar County. From judgment on verdict for defendant plaintiff has appealed.

On a prior appeal from a verdict and judgment in favor of defendant we reversed because of failure to properly instruct on the question of decedent’s contributory negligence. See Dorcas v. Aikman, 256 Iowa 308, 126 N.W.2d 298. We do not have the same problem on this appeal.

Plaintiff asserts the trial court erred…