159 Iowa 206 | Iowa | 1913
This is an action to recover damages for personal injury and injury to property, which the plaintiff
At the conclusion of the testimony, the court withdrew from the consideration of the jury all charges of negligence, except that embodied in the claim, that the defendant was negligent in the manner in which he attempted to assist the plaintiff to pass, saying: “The only question of negligence that will be submitted to the jury is the question whether or not defendant was negligent in what he did in the Avay of assisting the plaintiff to pass the automobile. If he failed to use ordinary care in what he then did, he was guilty of negligence, and that is a question for the jury. I am satisfied, under the record in this case, that there can be no recovery for alleged failure to stop the automobile where the automobile was stopped. The team was under control at the time he undertook to pass, and the evidence of previous acts would not be the proximate cause of the injury that resulted.’’ The issue as to whether or not the defendant was negligent in what he did, in the way of assisting the plaintiff to pass the automobile, was submitted to the jury, under proper instructions, and the jury returned a verdict for the plaintiff, and from this verdict the defendant appeals, assigning as grounds for reversal the following alleged errors on the part of the court: (1) That the court erred in not sustaining defendant’s motion for an instruction to the jury to return a verdict for the defendant, in that the evidence failed to show any negligence on the part of the defendant. (2) That the court erred in overruling defendant’s motion for a new trial, based on the ground that the verdict of the jury was not sustained by the evidence, for the reason that the evidence did not show any negligence on the part of the defendant, and affirmatively shows that the plaintiff was guilty of contributory negligence. (3) That the court erred in giving the third and fourth instructions given to the jury.
¥e have set out so much of the testimony for the purpose of showing that there was a conflict in the evidence upon the question submitted to the jury. We have examined the whole record, bearing on this question, and, while we might have reached a different conclusion than that reached by the jury, we find evidence sufficient to support the-action-of the court in submitting the case to the jury for its determination, and we cannot therefore, under the repeated holdings of this court, interfere with its verdict.
We have examined the instruction complained of by the defendant and find the same are not subject to any just criticism, and the case is therefore Affirmed.