114 Iowa 65 | Iowa | 1901
The scale and rack in question had- been in use for a Icing time before the accident complained of. Its location was familiar to the plaintiff and to her brother, who was driving the team at the time. There was another street which they might have traveled in reaching their destination; and it is contended by the defendant that it was contributory negligence to use the street on which the scale was situated. There is nothing in the record before ns justifying the holding that there was contributory negligence as a matter of law. The condition of this and other streets at the time was before the jury, as were all the other facts and circumstances surrounding the transaction which might have caused the fright of the team, or which might have constituted negligence on the part of the plaintiff or her brother. As to all of these matters there was at least sufficient conflict to send the case to the jury. We have read the record with much care, and are fully convinced that the verdict is well supported by the evidence.
The instructions criticised announce correct rules of law, and, when read in connection with the whole charge, are not misleading. The judgment is affirmed.