64 Iowa 240 | Iowa | 1884
part of the plaintiff’s duty to keep the hole in the floor of the round-house covered and in'a safe condition; or, if you find it was the duty of another sweeper 'to do so, and that they, both or either of them, neglected to do so, then the plaintiff cannot recover in this action.” It is not claimed that the plaintiff was engaged in operating a railroad, and therefore his rights must be ascertained by reference to the principles of the common law. The foregoing instruction is believed to be in accord with Sullivan v. R. R. Co., 11 Iowa, 421; Peterson v. Coal Co., 50 Id., 673.
Affirmed.