107 Iowa 710 | Iowa | 1898
The decedent, Albert L. Smith, worked for the defendant, as brakeman, at intervals, for ten years, and almost constantly for five years preceding his death. All of his service was performed on the railway which extended from Rock Island through Muscatine, and during the last year of his life his run was with freight trains over the railway between Rock Island and Eldon, which passed through Muscatine. It was the custom of the crew of his
V. The appellant contends that the evidence shows that the decedent was guilty of contributory negligence. In view of the conclusion reached, we do not find it necessary to determine that question, nor the effect which should have been given to the defendant’s rule 31, nor whether the evidence justified the finding that the decedent’s foot was caught in the switch. Eor the errors pointed out, the judgment of the district court is reversed.