SCHULTZ v. CHICAGO, ROCK ISLAND & PACIFIC R. CO.

No. 55681.

207 N.W.2d 748 (1973)

Kenneth Arthur SCHULTZ, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Iowa.

May 23, 1973.


Attorney(s) appearing for the Case

James P. McGuire, Mason City, for appellant.

Laird, Burington, Bovard & Heiny, Mason City, for appellee.

Submitted to MOORE, C. J., and MASON, REES, UHLENHOPP and McCORMICK, JJ.


UHLENHOPP, Justice.

The question before us is whether plaintiff proved as a matter of law that defendant's driver violated our right-of-way statute.

The car of plaintiff Kenneth Arthur Schultz, driven by his wife, collided with the 16-foot-long truck of defendant Railroad at an intersection in Northwood, Iowa. There are no traffic control signs at the intersection. Each street is 20 feet wide.

We view the evidence in the light most favorable to the...

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