115 Iowa 357 | Iowa | 1902
I. Both parties appealed, but, as defendant was first to complete such action, it must, under our practice, be denominated the appellant. Furthermore, we' think defendant’s motion to dismiss plaintiff’s appeal is well taken, because of a failure to comply with the requirements of rule 28 of this court. Plaintiff sues as husband to recover damages suffered by him through an injury to his wife. An action by the wife, based upon the same facts, has been before this court. The facts were fully stated
III. It is next claimed there was error in the refusal of the trial court to give five instructions asked by defendant. The pivotal thought of each of these instructions is that it was negligence on the part of decedent to cross the street elsewhere than on a crossing. Our holding that this is not a correct statement of law as applied to this case is sufficient to_ sustain the action of the trial court in refusing to give these instructions.
VI. There' was evidence to sustain the verdict, and, there being no error in the matters complained of, the judgment must stand aegtrhed.