State v. Bauer
| Decision Date | 13 November 1945 |
| Docket Number | No. 46760.,46760. |
| Citation | 20 N.W.2d 431,236 Iowa 1020 |
| Parties | STATE v. BAUER. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Municipal Court of Ames; J. Y. Luke, Judge.
Defendant was charged with operating a vehicle with an overload. Trial to the court resulted in his conviction. He appeals. Opinion states the facts.
Affirmed.
Smedal & Maurer, of Ames, and J. G. Gamble and A. B. Howland, both of Des Moines, for appellant.
B. M. Soper, Co. Atty., of Nevada, and John M. Rankin, Atty. Gen., for appellee.
Appellant was charged with violating section 5035.15, Code of Iowa, 1939, which makes unlawful the operation of a motor truck on the public highways, ‘with a gross weight exceeding that for which it is registered by more than five percent of the gross weight for which it is registered, provided, however, that any vehicle or vehicle combination referred to herein, while carrying a load of raw farm products, soil fertilizers, including ground limestone, raw dairy products or livestock, live poultry, eggs, may be operated with a gross weight of twenty-five percent in excess of the gross weight for which it is registered.’
The facts were stipulated. Appellant, an employee of a motor truck company, was operating a truck, under an Iowa registration which authorized a gross weight of 38,000 pounds. The actual gross weight of the loaded truck was 41,350 pounds, which exceeded the 5 percent tolerance allowed generally by the statute. However, this cargo consisted of frozen eggs in metal cans. The eggs were broken from the shell and the yolks and whites mixed, placed in cans and frozen. No additional substances were added and the entire egg, except the shell, was placed in such can.
In the trial court and upon this appeal the only contention presented by appellant was that his cargo comes within the meaning of the proviso of code section 5035.15 which permits an excess gross weight of 25 per cent for eggs and hence that it was not an overload. This code section is found in chapter 251.1 of the 1939 Code, entitled Motor Vehicles and Law of Road. Under said chapter registration fees for trucks, etc., are graduated upward as the authorized gross weight of the vehicle and load increases. Hence vehicles of greater gross weight are required to contribute more toward highway maintenance.
The statute permits a greater tolerance in the gross weight of loads of certain products which usually are moving from farm to market, and also of soil fertilizers. Perhaps this is because it is thought vehicles hauling such cargoes make less use of the highways than others or that with a permitted...
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