90 Iowa 247 | Iowa | 1894
I. There is a claim that the verdict is without support in the evidence. Where defendant’s line running on Pearl street crosses Fifth avenue is where plaintiff was in the habit of transferring or alight
II. The following is the tenth instruction given to the jury: “If the evidence shows that the employees of the defendant had stopped the car on which plaintiff was riding at the place where it is claimed the accident occurred, but fails to show that such stop had been made for the purpose of allowing the plaintiff to alight therefrom, then whether the act of the defendant’s employees in moving said car forward when plaintiff was attempting to alight therefrom would be negligence or not, would depend upon whether said employees knew, or' in the exercise of due diligence and care, ought to have known, before starting said car, and in time to avoid the injury, that plaintiff was attempting to alight therefrom. It was the duty of the-defendant’s employees, in the operation of defendant’s ears, to exercise the highest degree of diligence- and care to avoid injury to passengers; and if the evidence shows that they had stopped the car upon which plaintiff was riding at the time in question at or near the point where it is claimed the injury occurred, but fails to show that it was stopped for the purpose of enabling plaintiff to get off, but does-show that the defendant’s employees knew, or, in the exercise of due care, ought to have known, in time to avoid .the injury to plaintiff, that plaintiff was-attempting to alight from said car, and, under such circumstances, started said car forward while plaintiff was attempting to alight, such act on their part would be negligence; and if such negligent act caused plain
. III. Among the interrogatories submitted to the jury was the following: “At what speed was the train in question moving just prior to the time it reached Fifth Avenue, and as it was crossing Fifth avenue 1” The jury aiiswered: “Don’t know.” This is urged as misconduct. The answer was not important. Defendant admits that the train, at the point in question,