127 Iowa 266 | Iowa | 1905
The defendant company is carrying on the business of selling lumber at Carroll, Iowa; and plain
Tbis is a case where the evidence showing assumption of risk also negatives the exercise of reasonable care on the part of the employé with the knowledge or means of knowledge which would lead a reasonably prudent person to avoid the danger involved in the attempt to take bundles of lumber from the pile which had been improperly put up. The plaintiff cannot complain of the injuries received, resulting from the defective piling. The case is not one in which the minds of reasonable persons might differ as to whether the conceded facts show negligence, and in which the question of negligence, under the conceded facts, should have been submitted to the jury; but, on tire other hand, it is one in which no other conclusion than that of negligence can be drawn from the conduct of plaintiff, and in which, therefore, a verdict for the plaintiff, had the case been submitted to the jury, would properly have been set aside as without support in the evidence. McLaury v. McGregor, 54 Iowa, 717; Sikes v. Sheldon, 58 Iowa, 744; Beckman v. Consolidation Coal Co., 90 Iowa, 252.
The judgment of the trial court is therefore affirmed.