147 Iowa 747 | Iowa | 1910
While driving a covered milk wagon along what is known as Franklin Street in the city of Waterloo, plaintiff was struck by one of defendant’s trains at the crossing of said street, and received the injuries of which he complains. There was no flagman at the crossing and plaintiff claims that the bell on the engine was not rung or the whistle sounded or any other warning given of the approach of the train. He further claims that the train was running.at a high and dangerous rate of speed, to wit, from fifteen to twenty miles an hour, which speed was unlawful under the ordinances of the city, which fixed the rate within the city at eight miles per hour; that he both looked and listened for the approach of the train and did not see or hear it, and that notwithstanding due care on his part he was struck and injured. There was a conflict in the testimony upon many of the material point's, but the jury returned the following answers to special interrogatories submitted, which answers in view of the
Eranldin Street is one of the important streets of the city. It is near the business portion, is paved, and crosses defendant’s tracks between Sixth and Seventh Streets. Eranklin Street runs east and west, and defendant’s track runs a little east of north from its junction with Eranklin Street. Upon the block immediately north of Eranldin Street and west of Seventh, there is a lumber shed and office, a lumber yard and coal shed and three dwellings, all obstructing the view of a train coming from the north on defendant’s tracks. It is impossible, as we understand it, to see a train coming from the north in passing from the east side of Seventh Street until one gets within from fifteen to twenty feet of the east rail of defendant’s main line track; but it is conceded that at a point seventeen feet from this east rail it is possible to see a train coming from the north a distance of four hundred and seventy-seven feet. .Just prior to receiving his injuries plaintiff was driving westerly along Eranklin Street toward the railway tracks, his team moving at a rapid walk. When he approached the fill upon which the track was
The use of the words “plain sight” are criticised.
The case was fairly submitted to the jury, and the verdict has support in the testimony, and as we discover no prejudicial error the judgment must be, and it is, affirmed.