172 Iowa 727 | Iowa | 1915
The defendant operates an interurban railway, the cars of which enter the city of Des Moines over a track running west on Locust Street, from which it turns south on Fourth Street. The plaintiff was driving an automobile north on Fourth Street and approaching the Locust Street crossing on the east side of the car track. At the same time, one of the defendant’s cars came up from the east on Locust and, as it turned south into Fourth, a collision occurred between the ear and the automobile, to the injury of the latter. The plaintiff charges that this injury was occasioned by the neglect of the defendant, in that its employees in charge of the ear approached and turned the corner without warning or signal, and that, though plaintiff, on discovering the car, promptly stopped his automobile at some distance from the ear, said employees were either not keeping a proper lookout, or saw the peril and, without regard thereto, negligently failed to stop and negligently ran the car into collision with the. automobile, without fault or negligence on plaintiff’s part. The defendant denies the charge of negligence ■ on its part and alleges that the collision was due to the negligence of the plaintiff himself.
Upon most of the material facts, there is a decided conflict of testimony. The plaintiff testifies that, when he discovered the approach of the car, he applied the brakes and stopped his automobile while the car was still 15 feet away,' with the intention of backing out of danger; but in some manner he “killed” his engine, and defendant’s car eon
The verdict returned by the jury was for $40 only, and to justify sending the ease back for retrial, the record should disclose some clear and convincing showing of prejudice to the appellant. Nothing of the kind appears, and the judgment appealed from ought to be, and it is — Affirmed.