148 Iowa 86 | Iowa | 1910
The defendants are the proprietors of a factory in which they use various kinds of wood working machinery. The plaintiff was employed in one of their shops, and after he had served them about -six days was injured in the manner hereinafter indicated.
The evidence on his part tends to show that at the time of the accident he was thirty-nine years of age, and prior to taking up this employment had been engaged in. various lines of work. He had seen some service as a farmer, as a carpenter, as a motorman on the street cars, and as operator of an interlocking switch. He had also on former occasions worked for defendants in their glue-room and in piling lumber. He entered the service in which he was injured about March 4, 1908, and was told by defendants that their man who had operated a circular combination saw or ripsaw ha'd quit, and for the time being
In argument in this court appellants’ counsel confines his attention to four several propositions, which we shall briefly consider in the order of their statement in the brief.
As we have already pointed out, assumption of the risk thus negligently created is not pleaded, and we need not now undertake to decide whether such a plea oan be made availing in any case where the statute so violated is one enacted for the special benefit of the employee, as distinguished from a measure which is primarily intended for the benefit of the public generally. That question has never been definitely decided by us, and we refrain from its discussion until a case is presented calling for its decision.
No errors are assigned upon the introduction of testimony, and while exceptions were noted to the instructions, none are argued in this count. Hpon a record so presented the chief inquiry must be whether the ■ action is one in which, after giving the appellee the benefit of the most favorable inferences to be reasonably drawn from all the testimony, this court must say as a matter of law he has made no case. Hpon each essential proposition we find there was evidence for the jury, and there is shown no reversible error making necessary another trial.
The judgment of the district court is affirmed.