71 Iowa 41 | Iowa | 1887
I. The plaintiff claims to recover for injuries sustained by him while exercising proper care in the discharge of his duty as engineer. The petition alleges that the injuries were caused by defective and rotten ties, by reason of which the engine operated by plaintiff was thrown from the track. The allegations of the petition are denied by defendant’s answer. .Other matters found in the pleadings need not be more particularly referred to here. ¥e will consider the grounds of objection to the judgment in the order they are discussed by defendant’s counsel.
X. Defendant complains that a witness was permitted to testify to the condition of the ties at places along the road other than at the place where the accident occurred. An amended abstract, which is not denied by defendant, shows that the witness testified as to the condition of the ties at the place of the accident. Defendant’s objection is not based upon facts.
We have considered all objections urged in argument by defendant’s counsel, and reach the conclusion that the judgment of the court below ought to be'
Affirmed.