64 Iowa 613 | Iowa | 1884
I. The undisputed evidence in the case establishes the following facts: Plaintiff, while in the employment of defendant as a brakeman, wras required, in the discharge of his duty, to assist his co-employes in attaching a car, which stood upon a side track, to the train he was engaged in operating. To do this, it was necessary to draw the car backward from the side-track, where it was found, to the main track, and then to move it by a forward motion of the engine through a switch to another side-track, thus ¡permitting the train to pass and to be coupled to the car, taking it in the rear. This was done by what is called, in the language of the train men, “kicking.” The engine is moved forward at sufficient speed to give the car the momentum which will move it to the place where it is desired to leave it, and, while in motion, the engine is uncoupled from the car, and is then stopped, as in this case was the purpose. When the
The foregoing facts aré stated in the testimony of plaintiff, and are not contradicted by other witnesses. The engineer states that the engine could;have been stopped in the distance of forty-eight or fifty feet.' The fireman, when plaintiff pulled the coupling-pin, directed the engineer to stop the engine.
II. We shall proceed to the consideration of the objections to the judgment of the district court in the order we find them discussed in the printed argument of defendant’s counsel. _ >
THB SAHIB Y. Certain witnesses were permitted to testify that after the injury plaintiff, while engaged'in labor, limped. The objection raised by defendant to this evidence is ^ ^ not well taken. Surely, the- fact that one limps while walking in the discharge of his ordinary duty is evidence of lameness, and indicates an injury of the limb, and its extent. It is not in the nature of declarations, none of which were shown by the evidence in question.
XII. The instructions asked by defendant were either in conflict witb those given, or a repetition thereof, and were properly refused.
XIII. Tlie evidence touching the negligence of defendant and the care of plaintiff sufficiently supports the verdict. We discover no ground fixT disturbing the judgment of the district court. It is, therefore,
Affirmed.
Held for rehearing, and not yet published in official reports. See 2oN. W. Re porter. 47.