98 Iowa 228 | Iowa | 1896
As to the second question presented by the record: We are united in the conclusion that, if it be conceded that plaintiff must show her freedom from contributory negligence, there was sufficient evidence bearing on the question, to take the case to the jury. There was testimony tending to show that the plaintiff, Emma Stuber, and her sister, who was in the buggy with her at the time of the accident, were running the horses along the highway at the time the dog came out, in an attempt to get ahead of another who was going in the same direction. But, however this may be, it appears from the record made by the court, that the motion was not sustained because of insufficiency of the evidence on any of the material issues.
It is also said, in support of the court’s ruling that contributory negligence is no defense to willful wrongs, that there is evidence in this case from which the jury
The writer is of the opinion that the case should be affirmed, hut the majority are of a contrary view, and it is reversed.