130 Iowa 633 | Iowa | 1905
The defendants are the owners of a four-story building situated on the corner of Fourth and
The plaintiff attempted to prove by the witness Cross that the window cap which fell was improperly fastened to the building, and was insecure; but he was not allowed to do so, at least not as fully as he should have been. In many instances, but not in all, the questions also included the window caps generally, the plaintiff evidently proceeding on the theory that he could show the condition of all parts of the building, for the purpose of proving the defendant’s negligence in the matters charged. Some of the testimony offered, however, should have been received. In conclusion we have to say that the appellant’s brief makes no pretense of complying with the fifth subdivision of section 54 of the rules of this court, and in consequence thereof we may have overlooked some important point discussed somewhere'in the argument. What we have said indicates our view of the law governing the most important feature of the case, and as the many other errors complained of are not likely to arise on a retrial we need not discuss them.
Eor the errors pointed out, the judgment is reversed.