116 Iowa 279 | Iowa | 1902
“(13) If the plaintiff, having stepped upon the first step of one of the cars of train in question, and before getting into the car, attempted to get off the same, whether the train was in motion or not, and. fell while attempting to get off, ■or just after getting off, and received the injuries complained of from such fall, then the defendant is not liable for such injuries, unless she ivas directed to get off by an employe of the defendant in charge of the operation of said train, and*283 obedience to such direction would not lead her into any apparent danger, such as the ordinarily prudent person would not assume.”
“(18) If the plaintiff undertook to board the train in ■question while it was in motion, and by reason thereof' got injured, then she is guilty of contributory negligence, and canno.t recover in this case, unless she was directed by some ■employe of the defendant in charge of the train, and her obedience to such instruction luould not lead her into apparent danger, such as an ordinarily prudent person would not assume.”
It is contended that these modifications were erroneous, because incorrect statements of law, and for the further reason that there was no evidence to sustain them. There is no question in our mind that they announce correct abstract propositions of law. Indeed No. 18, without the modification, was more favorable to defendant than it was entitled to. Galloway v. Railway, 87 Iowa, 468. Moreover, the whole matter was covered in instruction No. 19, and defendant has no cause for complaint. No. 19 was as follows:
“(19) Even if defendant’s train was not stopped a sufficient length of time to enable plaintiff to get aboard said train safely, and if plaintiff attempted to get aboard of said train while in motion, and was thrown from the train because of said attempt to get aboard tbe train while in motion, and was thereby injured, then she was guilty of contributory negligence, and cannot recover in this case.”
There is no claim that the instructions were contradictory, and we give that point no consideration, further than to state it.
There is nothing in tbe answers to indicate that tbe jury was influenced by passion or prejudice in returning tbe verdict.
No prejudicial error appears, and tbe judgment is aeeibmeb.