143 Iowa 381 | Iowa | 1909
One Nelson was driving plaintiff’s horse, hitched to a Frazer cart, in an easterly direction on the south side of First Avenue. The inside wheel was- one or two feet from the curbing, and the horse was moving at the speed of about seven miles an hour. When halfway between Eleventh and Twelfth .Streets, the defendant’s automobile, operated by himself and moving in the same direction at tbe speed of from ten to fourteen miles an hour, came opposite Nelson without warning of its approach. The estimated distance of- its inside wheel from the outside wheel of the cart' varied from two to- ten feet, and, when some little distance past the horse, some of the witnesses testified that the automobile turned south in front of the horse, while one says it moved straight forward. Neither the horse nor its driver was- aware of the approach of the automobile until it was opposite the latter, when the horse became frightened and turned to the south, drawing the cart wheel on the curbing. This threw the driver out of balance and he lost partial control of the horse. It ran ■ forward until seeing the automobile, which had been stopped ahead of him, when it swerved to the north side of the avenue, running against a telephone pole, and his shoulder was broken. According to the driver, the automobile turned to the south in front of the horse when about ten
In other instructions, the court added the circumstance
The fourteenth instruction is purely negative, and, even though not comprehensive, it was correct as far as it went.
Instruction No. 16 is-not inconsistent with previous instructions, but rather in explanation that the unlawful speed of the car alone did not warrant a verdict for the plaintiff. Instructions requesting this were included in those given, insofar as containing correct statements of the law. The ruling on the motion to strike portions of the petition was without prejudice. The evidence was sufficient to carry the case to the jury. — The judgment is affirmed.