129 Iowa 249 | Iowa | 1906
Plaintiff’s intestate and- a companion, who were riding in a- standing position in a bobsled, were struck and killed, at a place where a public highway crosses defendant’s right of way, by a train which .was being operated by defendant’s employes. The negligence charged
VI. It is stoutly insisted that the evidence shows, without conflict or dispute, that plaintiff’s intestate was guilty of such contributory negligence that there should be no recovery. Having no argument for appellee, we are not disposed to decide that question at this time. The case is close, and, in view of the reversal which must follow the errors
For the reasons suggested, the judgment must be and it is, reversed.