83 Iowa 559 | Iowa | 1891
il The criticism upon the instruction is that, “from its phraseology, the ordinary mind would at once come to the conclusion that the jury are. instructed that the walk was defective as alleged in the petition, and the jury were to determine whether the plaintiff knew of such defects, and, if she did, then whether she acted prudently in walking over it.” The criticism is without merit. It was not the purpose of this particular
VII. At the time of the injury the walk was in an icy condition, because of which, with other facts shown by the evidence, the appellant insists that a new trial should be granted. It is not a case for our interference. The evidence and the facts make it very properly a case in which the verdict of the jury, in the absence of error by the court, should be conclusive. The judgment is affirmed.