118 Iowa 554 | Iowa | 1902
Defendants were engaged in harvesting ice at the town of Nashville. To accomplish it, they erected a platform parallel with the railway switch tracks, the top of which was level with the bottom of an ordinary railway car. A wooden chute ran from the • top of this platform down to a canal from which the ice was being taken. The center of this chute, upon which the ice was' to pass, was from twenty-four to twenty-six inches wide, and had sides constructed of planks about two by eight inches, placed on edge. The bottom of this runway was composed of slats laid lengthwise, with sufficient space between them to let slush ice fall through, so as not to impede the passage of large cakes. On either side' of t .is space for ice was a runway about twenty inches in width, composed of planks laid lengthwise; and cleats were nailed' across these planks, so that those who desired to use them should have a more secure footing. . Outside of the runway was a hand rail. At the foot of the chute, and extending out on a level into the water, was what was known as the “water box,” by means of which the ice was brought into position in line with the chute. The motive power for raising the cakes of ice up this chute was a stationary engine located near the foot of the chute. This engine operated two revolving drums, from which ropes led to the top of the inclined chute, there passed over pulleys, and thence down the incline to the water box. What -is known as a “jack” was attached to the end of each rope, —there being two, — which consisted of a pair of iron hooks which grappled a cake of ice either in the sides or at the back
The case came to us on assignments of error, and we have had difficulty, on account of the numerous amendments, to discover just what they are. The only ones argued, as amended, seem to be as follows: “(2) Because the court erred in overruling the motion of defendants, made at the close of plaintiff’s testimony, asking that the
It is manifest that Nos. 2,' 3, 5, and 21 of the assignments are wholly insufficient, and cannot be considered. Huss v. Railway Co., 113 Iowa, 343, and cases cited; Shoemaker v. Turner, 117 Iowa, 340.
i. assignetTor*show stated. The fourth and sixth do not refer to any rulings of the trial court, and point out no errors committed by it# They are simply statements of “becauses,” and present nothing for our consideration. An assignment of error must clearly and specifically point 011t the very error complained of, and, among several points made in demurrer, motion, instructions or rulings, the one or those relied upon must be separately stated. Codej section 4136; Feister v. Kendt, 92 Iowa, 1;
The thirteenth is an omnibus assignment, and is therefore insufficient. Stove Works v. Hammond, 94 Iowa, 694.
The fourteenth and sixteenth are probably sufficient, and will be considered during the course of this opinion.
These are the only questions we may properly consider, and, finding no error, the judgment is aeeirmed.