79 Iowa 17 | Iowa | 1890
sber5!isnum’ The court also instructed the jury that “the defendant claims that plaintiff, in passing the bull, provoked the bull to make the attack upon him, by striking the bull with a cane or stick, without reasonable cause. If you find that the plaintiff struck the bull, and thereby excited him to make the attack, you will not assume, as a matter of law, that the plaintiff was in fault, but you will inquire whether, under the circumstances, the plaintiff had or had not reasonable cause to strike the bull with his cane. You will carefully notice wffiat the plaintiff did, if anything; his situation at the time, as it appeared to him; and all the circumstances surrounding him; and decide whether he acted as a man' of ordinary prudence or not.” We repeat that it was not negligence, of itself, for the plaintiff to strike the bull and that whether the act was negligent or not must be determined by the circumstances. The instruction is in accord with this view.
Affirmed.