124 Iowa 177 | Iowa | 1904
The-plaintiff’s injuries were received in a collision between cars on the appellant’s electric railway. At the close of the evidence on the trial, the defendant admitted of record that the plaintiff was entitled to recover, that there was no claim of contributory negligence on his part, and that the only question in the case was the measure of damages. The petition alleged that at the time of his injury the plaintiff was 54 years old, sound and healthy, and capable, of and actually earning large sums of money for his personal services and exertions, and in the management of his business. In stating the issues, the trial court copied this paragraph of the petition almost literally, and the appellant now says that by so doing it assumed and asserted the truth of the facts therein pleaded. There is no merit in the contention, however, for the court simply recited the claims made by the
We find no sufficient reason for reversing the case, and it is therefore aeeirmed.