129 Iowa 1 | Iowa | 1905
The motion to direct a verdict was based upon substantially these grounds: (1) There was no evidence of negligence on the part of defendant. (2) The evidence made it appear that plaintiff’s decedent was guilty of contributory negligence. (3) The evidence made it appear that there had been an assumption of the risk.
Owing to the fact that the room was illy lighted, such shaft was but dimly discernible. On the morning of the accident the boy, Calloway, was taken from other work in which he had previously been engaged, and for the first time directed to assist in driving the hogs up the chute into the receiving pen, and thence into the shackling pen. Very shortly after going to work, and while standing on the footboard near the catch pen, his whiplash caught on the rapidly revolving shaft, and, the loop being fastened about his wrist, he was whirled to an instant death. It does not appear that he had been warned of the danger to be apprehended from the shaft, and there is no direct evidence to the effect that he knew of the existence thereof. Surely upon these fact conditions there may fairly be predicated the assertion of an unsafe place to work. And this would be true, even in the absence of any statutory provision requiring the shaft to
We have not attempted to follow all the lines of argument as made by counsel, and the points of the evidence have been stated most favorable to plaintiff, as we are required to do. On the whole, it is our conclusion that the case should have been submitted to the jury; and the case will be remanded, that such may obtain. — - Reversed.