134 Iowa 336 | Iowa | 1907
It appears that the plaintiff was an experienced lineman, who at the time of the accident, in February, 1904, had been in the employ of the defendant company for two or three weeks. He was engaged at the time of the accident with other employes in erecting a large circle pole about sixty-five feet high, and transferring to it a messenger wire serving to support a cable containing many telephone wires; the purpose of the operation being to have the cable run up the new pole to the circle at the
Counsel for the appellant argue with much cogency the-incredibility of the testimony tending to show that, after the clamp was removed which held the messenger wire to the old pole, the pole should remain “ buckled ” and bent over to the westward with the messenger wire simply resting or
The very difficulty which we have in determining what Leedon and plaintiff, respectively, ought to have assumed and anticipated in view of the knowledge which each had, makes it proper that we should abide by the conclusions of the jury. These questions were all properly referred to the jurors, and they were in as good a situation to reason about them and estimate the probability or possibility of any particular result and the credibility of the evidence as to what did cause the accident as we are. Indeed, they
On the whole record, we are satisfied that there is no occasion to interfere with the verdict and the judgment based thereon. The evidence that after the accidént the top of the pole was nearly four feet away from the new pole, while it was only about two feet distant just before the accident, is too persuasive to justify our indulging in the assumption that it was impossible that the old. pole could have been held so far bent over by the tension of the messenger wire on the cross-arm, and could have sprung back so far when that tension was removed, and we are satisfied that the question was one for the determination of the jury.
The judgment is affirmed.