52 Iowa 746 | Iowa | 1879
— This is the second appeal in this cause. See 42 Iowa, 539. In the former appeal the evidence showed that the plaintiff in crossing from one side of main street to the other did not cross upon a cross-walk, but went diagonally in a hurried manner and slipped and fell just as he reached the sidewalk. “There was no evidence tending to show that Iho cross-walk was in bad condition,” for aught that appeared it was at least perfectly safe and free from accumulations of snow. We then held that “ ordinarily he should have crossed at the place provided for that purpose, but if this was obstructed, or there was not merely appearance of danger, but such as would deter an ordinarily prudent person from crossing on the cross-walk, then he might do so at some other place. Sidewalks and cross-walks alone arc constructed for foot passengers, and he who without some good and sufficient reason walks elsewhere and is injured, should not bo permitted to complain that he has been injured through the fault and negligence of the city.” Counsel for appellant claims that the evidence upon the last trial was the same as on the first. lie says: “ The plaintiff had before him the opinion of this court given in the former case, and although his interest as well as his inclination prompted him to avoid the objection to his recovery stated in the opinion, a careful reading of his testimony shows plainly that he has not succeeded in avoiding such objections.
Counsel is mistaken. It appears that the plaintiff was an officer of some court, and that he had a subpoena which he desired to serve on one Smith.
Affirmed.