169 Iowa 199 | Iowa | 1915
The bridge in question was maintained by the defendant county across the Iowa River. The plaintiff was moving a traction engine along the highway under its own power. He entered upon the east approach to the bridge which gave way at the third span and precipitated the engine to the ground beneath. The damages claimed are for the most part such as resulted to the engine.
The engine in question weighed something more than twenty thousand pounds. The bridge was quite old. The accident was such that the jury could have found that it was badly decayed and that its planks were badly worn. The plaintiff was quite familiar with the bridge as far as its casual appearance was concerned. The evidence was sufficient to justify a finding that the county was negligent in its care and
It is now urged that the trial court erred in refusing to receive evidence of the erection of such danger signs at the
For these reasons we are satisfied that the plaintiff suffered no possible prejudice by the exclusion of the offered testimony.
‘ ‘ During the progress of said trial and while plaintiff was offering testimony to prove his claim, a Mr. T. A. Mulehy was*203 called by tbe plaintiff and after said Mulchy had testified, he casually met one of the jurors engaged in the trial of the ease and who was a member of the panel that returned the verdict against the plaintiff, and the said juror stated to said witness, ‘They did not cross him on the witness stand/ and the witness replied, ‘That he was telling the truth, and when a man tells the truth it is impossible to shake his testimony/ and that he (the said witness) ‘did not overstate any of the facts.’ Plaintiff’s attorneys, upon being advised of the conversation had between the juror and the witness, called the subject to the attention of the judge, who was holding court at the time of the trial, His Honor, Jambs D. Smyth, and defendant’s attorneys. Thereafter, and at the next adjournment of the court, the court, as he had done at each adjournment during the trial, admonished the jurors that they should communicate with no one concerning the case, and at this adjournment further observed that his attention had been called to the fact that one juror had inadvertently failed to heed his instructions, and further stated that such conduct was highly improper, and expressed the hope that it would not occur again.”
The error assigned at this point is that the court should not have permitted the trial to proceed but should have discharged the objectionable juror. It is enough to say that no request or suggestion of that kind was made during the trial. On the contrary the plaintiff proceeded with the trial without objection after full knowledge of the alleged misconduct. The conversation with the juror which was complained of was had with the plaintiff’s own witness. It does not appear to have been of such a nature as to indicate prejudice to the plaintiff. The argument is that the juror was probably terrified by the admonition of the court. But the matter was brought to the attention of the court by the plaintiff’s counsel for the very purpose of admonition. There was nothing in the admonition of the court which could tend to the disqualification of the juror.
The judgment below is therefore — Affirmed.