98 Iowa 205 | Iowa | 1896
XI. The defendant asked the court to submit to the jury thirteen special interrogatories. Two were submitted as asked, and the substance of a third was submitted. The appellant complains of the refusal of the court to submit the remaining ten. None of them related to a matter of controlling importance, and it was not reversible error for the court to refuse to submit each and all of them. Scagel v. Railway Co., 83 Iowa, 386 (49 N. W. Rep. 990); Whalen v. Railway Co., 75 Iowa, 567 (39 N. W. Rep. 894).
XII. We have discussed the questions which appear to us to be of chief importance to a determination of this case. The attorneys have presented, in argument, numerous other questions, but we should not be justified in treating them separately. Some are disposed of by what we have already said, some are unimportant, and others are scarcely more than mentioned in argument. The defendant asked forty instructions, and insists that the court erred in refusing to give many of them. We have examined them, and also the charge of the court, and conclude that the portions of the charge assailed were carefully prepared, and that they correctly expressed the law and the duty of the jury. It is neither desirable nor practicable to instruct the jury upon every proposition of law which may have a possible bearing upon the case. We think that the charge to the jury, so far as criticised, was substantially correct, and. that it incorporated,