175 Iowa 459 | Iowa | 1916
I. Plaintiff was a passenger upon one of defendant railway company’s trains from Marshalltown to Gifford. He boarded the train in an intoxicated condition and went to the forward end of the car, taking a seat which was within two or three seats from the water-closet of the car. He
The exception was upon the ground that abusive or opprobrious words applied to a brakeman might be such as to relieve his master from liability, on the theory that, in avenging the assault, the brakeman alone would be responsible. As we have already observed, the law premise in the argument is faulty.
V. Some rulings on testimony are complained of, but upon examination we find no prejudicial errors. If any were committed, they were corrected before the evidence was closed. It is unnecessary to specifically refer thereto, as they raise no new or doubtful questions. The verdict is small and has ample support in the testimony, and the judgment must be, and it, is — Affirmed.