85 Iowa 468 | Iowa | 1892
I. The injury for which the plaintiff sought recovery is stated in his petition in substance as follows: He was a locomotive fireman in the employ of the Chicago, Burlington & Quincy Railway Company, with his residence at the city of Crestón, and his run over the railroad was from Ottumwa to Crestón. "While in the line of his duty on a trip he was violently and accidentally injured by the sudden lurching of the locomotive, “while he was in a strained position, attempting to clean the grates of said locomotive, which was part of the duty of said plaintiff as a fireman;” and that by reason of said accident he was greatly injured in his back, which was so wrenched, bruised, and strained that he was immediately wholly disabled from transacting any and every kind of business in connection with his occupation. The defense interposed by the answer was based upon several grounds. It will not be necessary to set them out.in detail, as they are all involved in the points made by counsel in their argument, and will be noticed in the consideration of the case.
II. We come now to certain, questions which arise on the face of the policy, and the application for insurance upon which the policy was issued.
III. Another objection arising on the face of the contract is raised upon the following grounds: The
“If you believe from the evidence that plaintiff received an injury as claimed by his petition, and that such injury wholly disabled him, and prevented him from following- his occupation and performing its duties, and resulted in the total loss of his business time, the defendant will be liable to the payment of a weekly indemnity for the period he was so wholly disabled: provided, you further find from the evidence that the plaintiff promptly notified the defendant of his injury, and in all other respects performed his part of the contract with reasonable diligence.”
It is claimed that this instruction is erroneous, because by the terms of the policy the plaintiff was not
V. There are other questions of minor importance. They relate to alleged errors in the rulings of the court
V. Another objection is made to the refusal to permit a witness to answer a question propounded by the-defendant’s counsel. Therecord shows that the witness was afterwards permitted to answer the identical question without objection. The foregoing discussion disposes of. every material question in the case, and leads us to the conclusion that the judgment of the district court should be affirmed.