103 Iowa 649 | Iowa | 1897
I. This is the second appeal in this case. The opinion on the former appeal wall be found in 93 Iowa, 248. After the reversal upon the former appeal, certain amendments were made to the petition, the substance of which are incorporated in the statement of the case. Just before noon, on May 15, 1890, Earl B. Thomas, a minor son of the plaintiff, aged three years and nine months, was, with another child younger than himself, upon an open uncovered bridge, which was located upon the defendant’s line of railway, about one thousand nine hundred feet west of the station of Rhodes, in Marshall counity, Iowa, and, while there, was run over by a train going west, and Ms right foot was so crushed as to require its amputation. The petition charges that, without fault on the part of his parents, the child went upon the track and bridge, and was in plain sight from the station, and at all points upon the road between the station and the place of the
IY. Without referring specifically to. the several ■complaints as to the rulings upon the introduction of evidence, it may properly be said that most of the rulings against the plaintiff impress us as technical, and some of them as incorrect. We do not say more, as it is not likely that on a ré-trial the same questions and rulings will appear. We have, in view of another trial..