96 Iowa 675 | Iowa | 1896
II. Several errors are complained of in the admission and rejection of testimony. We will not set them out, for it would but incumber the opinion
IY. Some of the instructions are complained of because they do not recognize the negligence of plaintiff’s companion as a good defense. We have said all we care to on this proposition, except to observe that' there was nothing in the evidence to indicate that these persons should be so identified as to make the third person’s negligence contributory.
VI. It is further contended that the court did not fully instruct as to what it was necessary for plaintiff to show in order to recover, and that the court erred in not defining ordinary care. These objections are not sustained by the record. The court explicitly instructed, both as to the necessary elements of plaintiff’s case, and also as to what would constitute negligence or the want of ordinary care.