83 Iowa 235 | Iowa | 1891
In January, 1888, the defendant controlled and was responsible for the condition of a certain bridge over a railway within its territorial limits. The bridge was twelve feet wide, provided with side railings, and reached by means of steep approaches. In the month named one Ira Miller invited the plaintiff and another lady to take a sleigh ride for pleasure. The invitation was accepted, and the party started in a cutter drawn by one horse. In the course of the ride they attempted to cross the bridge described. The horse drew the cutter with its load up the steep approach, and onto the bridge. When a part of the way over the horse suddenly fell against the railing on one side of the bridge, broke it down, and dropped off, drawing with him the cutter and its lady occupants. The plaintiff fell to the ground below, and received the injuries for which she seeks to recover in this action. She claims that the defendant was’ negligent in maintaining a bridge of insufficient width, in not providing it with sufficient railings, and in permitting it to be used without sufficient railings. The defendant avers that the accident occurred without fault on its part, in consequence of the carelessness of the plaintiff and the negligence of Miller, and insists that the alleged defects in the bridge were not the proximate cause of the injuries received by the plaintiff. After the evidence had been submitted on the part of both parties the court sustained a motion of the defendant to direct the jury to return a verdict in its favor. A verdict was returned in favor of the defendant by direction of the court, and judgment was rendered thereon.
The first ground alleged in the motion for a verdict was that the evidence showed that the defects alleged in the bridge were not the proximate cause of the injury.
We find it unnecessary to determine some of the questions discussed by counsel for the appellant, since the one determined is controlling. In our opinion the evidence shows without conflict that defendant is not liable for the injuries sustained by the plaintiff, and the case was properly taken from the jury. Aeeirmed.