122 Iowa 514 | Iowa | 1904
The evidence has been stricken from the record on motion, and the question presented by the assignments of error relate to the correctness of the instructions given and refused. The court in its charge told the jury that defendant had the right to reasonably and in good faith cut and trim limbs of trees which interfered with the placing of poles and stringing of wires, and that, if it did no more than this, plaintiff could not recover. Its tenth instruction summarizes the issues, and states the law applicable thereto. As this instruction is not challenged, it is the law of the case.
For the error pointed out, the judgment is reversed.