155 Iowa 39 | Iowa | 1912
The grounds of negligence alleged were that defendant had in charge of the operation of the elevator at the time of the accident an incompetent operator; that defendant allowed the car to be operated with knowledge of defective condition of its machinery and appliances; and that the operator in charge of the car was careless and negligent in its operation, mangement, and control. The appellant questions the sufficiency of the evidence to take the case to the jury as to each of the alleged grounds of negligence and complains of the instructions given by the court with reference to the degree of care required of the defendant in maintaining and operating the elevator. Complaint is made also of the admission of two items of evidence, and it is contended further that the verdict was excessive.
Under these facts, we think it clear that it was a question for the jury whether the elevator boy was negligent in starting the car before he knew whether plaintiff was attempting to get off. Even if plaintiff had announced his
That life tables are admissible in evidence, although the person whose expectancy is in question is not in normal health, is too well settled now to be the subject of any serious discussion. Such tables have been held admissible even where recovery was sought for pain and suffering and impairment of earning capacity on the part of one so seriously injured and crippled that there was little probability of his living out the period of expectancy. Patton v. Town of Sanborn, 133 Iowa, 650; Clark v. Van Vleck, 135 Iowa, 194; Coates v. Burlington, C. R. & N. R. Co., 62 Iowa, 486; Louisville Bolt & Iron Co., v. Hart, 122 Ky. 731 (92 S. W. 951); Pecos & N. T. R. Co. v. Williams, 34 Tex. Civ. App. 100 (78 S. W. 5).
Some other complaints made with reference to the instructions given and refused are not of such character as to merit specific discussion.
XI. In view of the evidence tending to show permanent injury and resulting future pain and suffering and
The judgment of the trial court is affirmed.