92 Iowa 32 | Iowa | 1894
I. The petition is in several counts. The first count charges that without fault on his part, and while driving across defendant’s railway track, the defendant carelessly and' negligently ran its train into his team, to his damage. The second count charges, in addition to what is stated in the first count, that the accident resulted by reason of a defective crossing. Damages are claimed in the sum of four hundred dollars for the destruction of the team and harness. The defendant admits its corporate capacity, and that it owned and operated the railroad, which it had been operating but a short time; that plaintiff’s team was killed; and denies all other allegations in the petition. The cause was tried to a jury, and at the conclusion of plaintiff’s testimony the court, on defendant’s motion, directed the jury to return a verdict for it. The grounds of the motion were that it was not shown that
IY. We need not discuss the questions' raised on the rulings rejecting testimony. They are not argued. Reversed.