Sapp

On August 2, 1941, about 6:30 P.M., in broad daylight and in clear dry weather, while appellant was driving his Chevrolet gravel truck east on Eighteenth Street and appellee was driving his Ford V-8 coach south on North West Street, at the south city limits of Carroll, Iowa, a collision between those vehicles occurred at the intersection of those streets.

Appellee sustained severe personal injuries as well as damage to his automobile and br.ought this action to recover for his damages in the court below, basing jurisdiction on diversity of citizenship which is admitted. The trial court sitting without a jury found for. appellee and awarded him judgment for $6427.50 from which appellant appeals.

The sole question presented is whether appellee, as asserted by appellant and denied by appellee, was guilty of contributory negligence as a matter of law. If he was, appellee cannot recover, because under the Iowa law which governs that question contributory negligence of the injured party whether proximate or not bars his recovery. Hogan v. Nesbit, 216 Iowa 75 , 246 N.W. 270 .

At the trial, both appellant and appellee appeared and testified in person, and the depositions of other…