178 Iowa 173 | Iowa | 1916
The appellant rests its appeal upon two general propositions, namely: (1) That the evidence failed to show any negligence upon the part of the city; (2) that the evidence did show contributory negligence on the part of the plaintiff. The defendant asked a directed verdict upon each ground, and the errors assigned herein present the same questions.
All of these mooted questions were submitted to the jury by instructions of which no complaint is made other than herein indicated. The defendant was not entitled to a directed verdict upon either ground urged. The judgment of the district court is, therefore, — Affirmed.