114 Iowa 169 | Iowa | 1901
This is the third time this case has been before us. The former opinions will be found in 93 Iowa, 248, and 103 Iowa, 649. The facts appearing on this third trial were not materially different from those developed on the other two, save that- on this trial it appeared that the bridge at which the accident occurred was not over a public highway, but over a private farm crossing; that the ladder spoken of in the former trial was not on this bridge, but on an overhead public crossing located about 1,000 feet from the place where the children were injured; that the bridge where the children were hurt was between this overhead pub-' lie crossing and the town of Rhodes; that the-foot travel spoken of left the highway in the vicinity of the overhead crossing passing over defendant’s track and the bridge where the accident occurred on the way to Rhodes, and that only a portion of such travel made use of the ladder at the over
The instructions also limit the place of looking to two certain localities. As the only evidence to show negligence referred to these localities, and none Other, there was no error.