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Clubb v. Osborn

130 N.W.2d 648, 256 Iowa 1154, 1964 Iowa Sup. LEXIS 677
CourtSupreme Court of Iowa
DecidedOctober 20, 1964
Docket51430
StatusPublished
Cited by22 cases

This text of 130 N.W.2d 648 (Clubb v. Osborn) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clubb v. Osborn, 130 N.W.2d 648, 256 Iowa 1154, 1964 Iowa Sup. LEXIS 677 (iowa 1964).

Opinion

Snell, J.

This is an appeal from an order of the trial court granting a new trial in a motor-vehicle-collision case.

The collision occurred within the city limits of Newton near the intersection of Highway No. 14 and North Fifth Avenue West.

Highway No. 14 is also West Eighth Street North. It runs north and south curving slightly to the east as it extends north from the location involved herein. Highway No. 14 is paved. The pavement is twenty feet wide with a shoulder on the east side at least seven feet five inches wide.

North Fifth Avenue West from a T intersection with Highway No. 14 runs east. At the time involved it was lightly surfaced with gravel. The traveled portion was twenty-four feet four inches wide. Nine feet north of North Fifth Avenue West there is an east-west sidewalk turning at right angles to the south. It does not extend to Highway No. 14. West of the sidewalk, north of North Fifth Avenue West and east of the shoulder on Highway No. 14, there is a utility pole and a fire hydrant. A plat of the area showing directions, locations and distances was introduced at the trial without objection.

The following is a tracing of the material portion of this plat. The broken line in the part shown as Highway No. 14 is the center line of the pavement. The distances shown were supported by testimony and were not in dispute.

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Bluebook (online)
130 N.W.2d 648, 256 Iowa 1154, 1964 Iowa Sup. LEXIS 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clubb-v-osborn-iowa-1964.