92 Iowa 226 | Iowa | 1894
This case was before in this court, and reversed. It is reported in 48 N. W. Rep. 733, and the facts need not be restated. The petition charges negligence on the part of the company in the separation of its train, and also negligence on the part of the brakeman in charge of the rear section, by which the plaintiff was injured. On the former appeal we held that there was an absence of evidence tending to establish negligence on the part of the defendant, and that the evidence, without conflict, showed negligence on the part of the plaintiff.