66 Iowa 590 | Iowa | 1885
II. The circuit court gave to the jury the following instruction: “ (10) If you find from the evidence that it was the duty of the conductor to give, or cause to be given, a signal to the engineer about the time the car passed Leffler’s station, and that the conductor negligently failed to give, or have the usual signal given, then the defendants were guilty of negligence.” "VYe think the instruction ought not to have
The sixth and eighth of these instructions are correct, but, in our opinion, the seventh is erroneous and misleading. It is not true that a railroad company is to be regarded as negligent in erecting or maintaining contrivances or things few.' use in the operation of their roads, for the reason that they
Beversed.