74 Iowa 343 | Iowa | 1888
Upon the land in question defendant has constructed a derailing track, upon which trains are run when necessary to prevent collisions. It leaves the main track of defendant’s road upon a curve, and, after its direct course is attained, it is nearly at right angles therewith. It is seventeen hundred and forty feet long, measured from the main track by the curve. The lands of plaintiff are situated upon the bank of the Des Moines river, which defendant’s road crosses on a single-track bridge. On both sides of the river there
II. A witness for plaintiff in his cross-examination answered a question,- argumentative in its form and substance, in a manner which counsel for defendant-claimed was not responsive, and for that reason moved to strike out the answer. The question was not only argumentative, but was not direct. The answer was-apt, and really answered the question by asking another — no uncommon manner of colloquial argument. The motion to strike out the answer • was rightly overruled.
III. Many other objections to rulings admitting evidence of like character of the foregoing are complained of. The evidence in each case tended to show the jury the true condition of the land, and all its surroundings which affect the value and convenience of its use. We. may say,’generally, that they are correct. No useful purpose can be gained by further notice of the objections to them.
IX. A number of instructions were asked by defendant, and refused. They can hardly be said to be argued by counsel, who,.in his brief, in most instances, contents himself to state their substance. Some of them are but repetitions of matters found in instructions given by the court. Others present matters that it was not necessary to give to the jury. We think further notice of them is not required, and that the court did not err in refusing them.
Counsel do not in argument question the sufficiency of the evidence to support the verdict. The judgment of the district court is
Atteiemed.