47 Iowa 688 | Iowa | 1874
The plaintiff was employed in making some repairs or additions to -the earth-works of a switch on defendant’s railroad, near a station and water tank. About the close of a day’s work a team of horses, which he, with others, was using, took fright and ran toward him. At the time he was near, within a pace or so, of the main track of the railroad, and did not observe the frightened team until it was within one rod of him. To avoid the horses plaintiff stepped upon the railroad, and a hand ear, operated by defendant’s workmen, ran against him, inflicting the injuries which are the foundation of the action.
III. The court directed the jury that if the workmen on the hand car knew plaintiff and others were working with a team at the place, and reasonably might have ajiprehended that if they ran up at a rapid rate the team would become frightened and endanger persons' or property, then the running in that manner would be negligence. The rule of the instruction is not claimed to be incorrect, and we do not, therefore, discuss it, but counsel insist that there was no evidence to which it was applicable. We think the objection is not well taken. The workmen were section hands employed in keeping the road in repair and passed the place when they went to tlieir work, and the jury may well have found from these facts that they knew plaintiff and others were engaged in constructing an embankment and that a team was used upon the work.
Y. Another instruction asked by defendant announces a rule to the effect that the men upon the car had a right to suppose, if they saw plaintiff on the track, that he would step off, and were not required to check the speed of the car, unless they knew or had reason to suppose he did not see the car. It was refused, and of this defendant complains. The principle of the instruction really is that plaintiff was required to exereise care and prudence for his own safety, and defendant’s servants exercised ordinary prudence in acting under a reasonable supposition that he would remove himself from danger; that is, if plaintiff was negligent defendant is not liable even if its
VII. It is lastly urged that the verdict is excessive. There •is not an agreement in the evidence as to the permanency of •plaintiff’s injuries. They were certainly severe, and resulted in great pain and suffering, and for a long time prevented him from engaging in any employment, and up to the time of trial he could not labor without suffering. We do not think that ■under the evidence the verdict is for a sum beyond a reasonable compensation for the actual damages he sustained.
Affirmed.