98 Iowa 554 | Iowa | 1895
I. The question presented on this appeal is whether the court erred in sustaining defendant’s motion for a verdict. The several grounds of the motion present but two questions, namely, that of contributory negligence on the part of deceased, and negligence, as alleged, on the part of defendant’s employes. The evidence shows without conflict that about 5 p. m. of July 28, 1890, John Nelling, Victor Gowry, and Jacob Lengenbough, three of defendant’s section men, were returning from the northeast, on a hand car, to Waterloo, from where they had been at work on the track. They stood facing in the direction they were going, watching for a regular train that
II. We will not set out, or discuss in detail, the evidence relied upon to show negligence on the part of the defendant’s engineer. We think it shows without conflict, that the engineer gave all the signals that diligence required, and that, as soon as he had reason to believe that the signals had not been heard by the men on the car, he used every appliance and effort at his command to stop the train and avoid an accident. He seems to have appreciated the fact that the direction of the strong wind then blowing might prevent his signals from being heard, while the men on the handcar seem to have ignored this, as a reason why they should be more watchful for extra trains that might come from that direction. Our conclusion is that under the rule announced in the case of Meyer v. Houck, 85 Iowa, 322 (52 N. W. Rep. 235), there was no error in directing a verdict for the defendant.— Aeeibmed,
Supplemental Opinion.