95 Iowa 54 | Iowa | 1895
III. It is said that the error .of the court, if any,, in failing to instruct the jury as to the purpose of the view, was without prejudice; that under the evidence,, in any event, a verdict should have been returned for the defendant. If this view is correct, then, as a matter of course, the error, if any, could not be prejudicial.. It is not proper for us, in view of another trial, to discuss further than is necessary the weight of the evidence. There was uncontradicted evidence showing-that the engine and train at the time of the accident were running at a rate of speed prohibited by the rules* of the company. The evidence also tended to show that the derailment of the engine might have been aided, if not caused, by running upon a limb of a tree-