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Abstract

Plaintiff was riding a bicycle on a bridge. Defendant, towing a truck, sounded his horn and plaintiff drove to the left while defendant passed, but was struck by the truck. The judge charged that if defendant was travelling at an excessive rate of speed, and injury resulted from that cause, plaintiff could recover although negligent. Held, reversed, on the ground, among others, that the instruction as to least clear chance was not supported by any pleading. Steele v. Brada et al. (Iowa 1931) 239 N. W. 538.

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