Howie v. Ryder & McGloughlin

Hays, J.'

This opinion supersedes that in 56 N.W.2d 142. A rehearing was granted on this appeal and the opinion therein is set aside.

Plaintiff obtained judgment for damages arising out of a collision between his car and defendants’ truck. Defendants’ motion for a judgment notwithstanding the verdict was overruled but their motion for a new trial was sustained. Both parties have appealed.

I. Defendants’ cross-appeal presents the single issue as to plaintiff’s freedom from contributory negligence, and will first be examined.

The collision occurred in a suburban district of Dubuque, Iowa, at tbe…