94 Iowa 176 | Iowa | 1895
I. On October 22,1892, plaintiff, while attempting to cross the street at the corner of Main and Market streets, in the city of Ottumwa, for the purpose of taking passage, upon a street car which had stopped in the center of Main street, was struck, knocked down, and seriously injured by a team driven by a servant of the defendants. The negligence charged against the defendants is in recklessly and carelessly driving the team and carriage against the plaintiff, and in driving at a rate of speed contrary to law and the ordinance of the city of Ottumwa, by reason of which she sustained the injury complained of. She also avers that she was in the exercise of due care. Defendants deny all of the allegations of the petition.
There was no error in refusing a new trial upon the grounds of newly-discovered evidence. The newly-discovered testimony was cumulative.
VI. Appellants ask that the costs of appellee’s abstract be taxed to' appellee. This cannot be done. A careful examination of the abstracts and transcript shows that the matter set forth in appellee’s abstract was not in the transcript, and most of it was essential to a proper understanding of the case. If appellants had in the first instance made such an abstract as the rules require, there would have been no occasion for an additional abstract.
We discover no reversible error in this record, and the judgment below is affirmed.