74 Iowa 637 | Iowa | 1887
Lead Opinion
II. Counsel for defendant insists that the conductor and others who ordered plaintiff to get upon the train were not negligent, for the reason that the train was moving so slowly that plaintiff could have- gone ■upon the cars in entire safety. He again insists that plaintiff was not bound to get on the train until it stopped, and, if it was negligent in the conductor to order plaintiff to get upon the car, it was negligent in plaintiff to attempt it, and he urges that defendant is not chargeable with negligence, and that plaintiff is chargeable with contributory negligence. The facts of the case do not authorize the conclusion that, as a matter of law, either plaintiff or defendant is guilty of negligence. The question of the care of each was for the jury to determine, not for the court; and it cannot
We have considered all questions discussed by counsel, and reach the conclusion that the judgment of the district court ought to be Arrirmed.
Rehearing
A petition for rehearing calls onr attention to certain matters discussed in the argument of defendant’s counsel, which demand further attention.
The original opinion, with this supplement, considers all questions discussed by counsel. The petition for rehearing is
Overruled.