124 Iowa 748 | Iowa | 1904
At the time of her accident, plaintiff was employed at the packing plant of defendant in Sioux City. On January 16, 1903, the defendant, for the purpose of laying water mains, caused a trench about three feet wide and eighteen inches deep to be dug on its grounds, crossing a pathway customarily used by plaintiff and other employes in going to and from their work. It appears that in digging such trench the dirt had been thrown up on the side of the approach to the plant, while on the other side a barricade had been erected by placing a line of barrels along the edge of the trench and laying planks thereon. Plaintiff, in company with several other employes, all ignorant of the existence of the trench, entered the grounds the next morning before daylight, and traveled the pathway until they reached the pile of earth extending along the trench, side. Plaintiff testifies that, as she came close, she could see the earth pile, but could not see the trench beyond; that in attempting to cross, she stepped upon and over the pile, and then fell into the trench.
The cases cited make it clear also that the fact that another way was open whereby plaintiff might have reached ;her destination, while proper to be considered in connection with the other facts and circumstances appearing, still it was not of itself conclusive.
IY. Complaint is made of several of the instructions :given by the court, and of its refusal to give an instruction ns requested. We have given consideration to all such, and find no error. The instructions given cover the whole case,
Finding no error, the judgment must be, and it is aeEIRMED.