135 Iowa 679 | Iowa | 1907
The evidence tended to show that, when defendant’s train arrived at the station of Floris, plaintiff,
The jury was instructed that, if the plaintiff attempted to get off the train while it was, to his knowledge, still- in motion, he could not recover; and this instruction, is complained of because it limited the contributory negligence, under the statute cited above, to the act of stepping off the train in motion. But, as already, indicated, we think this instruction was correct. If the contributory negligence relied on by the defendant was that of being on the platform while the train was in motion, it is sufficient to say that the court instructed the jury fully on this subject and directed a finding for the defendant if they should determine that the plaintiff was negligent in this respect
We find no error of which appellant can justly complain, and the judgment is therefore affirmed.