Supreme Court of Iowa, 1970

Madison v. Stauffacher

Supreme Court of Iowa · Decided February 10, 1970 · Affirmance, Becker, Larson, Legrand, Mason, Moore, Rawlings, Rees, Reversal, Snell, Stuart, Takes, Vote

174 N.W.2d 452; 1970 Iowa Sup. LEXIS 967 (North Western Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Defendants appealed from rulings and judgment in guest case claiming insufficient evidence, assumption of risk as a matter of law, insufficient instructions and failure to give requested instructions.

LARSON, SNELL, MOORE and BECKER, JJ., vote for affirmance. STUART, MASON, RAWLINGS and LeGRAND, JJ., vote for reversal. REES, J., takes no part.

The court being evenly divided the case is affirmed by operation of law. (Section 684.10 Code, 1966).

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