119 Iowa 261 | Iowa | 1903
The case was retried on the issues which were involved in the former appeal, and the principal question now before us is whether there was evidence to support a verdict for the plaintiff on thoss issues, in view of the law of the case as then established. The question of fact on which the case has been made to hang is whether plaintiff was a passenger. The evidence on this question is substantially the same as contained in the record on the former appeal, save that plaintiff on the second trial testified to a more definite recognition of him by the conductor as an acquaintance than was shown on the. first trial.
The evidence as to whether plaintiff did have notice of limitation of the conductor’s authority, or did know that he would not be accepted if he asked permission to ride, was peculiarly for the jury. There is no such lack of evidence in support of plaintiff’s claim as to justify our interference. The evidence tended to show that plaintiff desired transportation on this special train, and that he went upon the train with the assent of the conductor, who was aware that he expected to be transported thereon as a passenger. The real question of difficulty is as to whether the conductor knew that plaintiff was not a member of the excursion party, and whether plaintiff had reason to know that the conductor knew it. If plaintiff was seeking transportation in good faith as a passenger, and believed, as he had a right to believe, that the conductor had authority to accept him as a passenger, although the train was a special excursion train, and further believed in good faith, relying on the conduct of the conductor, that the conductor knew he was not a member of the excursion, but nevertheless accepted him for transportation as a passenger, then we cannot see why the relation of passenger did not arise. This conclusion is predicated,
The judgment is ayeirmed.