152 Iowa 273 | Iowa | 1911
The defendant contracted with the Atchison, Topeka & Santa Be Bailway Company to build a second line of track upon its right of way from Nixon, Lee County, Iowa, to Wyaconda, Clark County, Mo., and undertook to promptly pay all subcontractors, materialmen, laborers, and other employees, and before final settlement to furnish satisfactory evidence to the chief engineer of said railway company that the work covered by its contract
It is also contended that the verdict is not supported by the evidence, and that, in any event, the verdict was too. large by $115. We think the verdict was justified by the evidence, and the payment of the $115 for an item called “overhaul” seems to have been accounted for in one of the credits given the defendant by the plaintiff; so, unless the jury disregarded an admitted credit in making up the amount of its verdict, there will be no double payment of the $115. The instructions properly presented the material questions to the jury.
We find no error for which the judgment should be disturbed. It is therefore affirmed.