84 Iowa 190 | Iowa | 1891
I. The plaintiff, having been .located in Des Moines, removed to Davenport. He claims that
II. Upon the first of the points the evidence was in conflict, the plaintiff testifying that he did give the
III. The plaintiff testified on cross-examination,, without objection, in his behalf, that he did not receive-a postal card shown to have been mailed at Des Moines by the defendant, advising him of the receipt of the telegram. Subsequently the defendant was permitted to introduce a postal card, over the plaintiff’s objection, based, as we understand, on the ground that it was an attempt to impeach the plaintiff by contradicting his-evidence to the effect that he had requested the proper-employe of the post office, on the day he gave the notice-to the defendant, to send thereafter his mail to Davenport. The card was admissible to show efforts made, by the defendant’s employes to deliver the telegram, from which an inference may arise supporting their-evidence that there was no notice by the plaintiff and agreement by the defendant to send the telegram to-Davenport. If the evidence tended to impeach or discredit the plaintiff, that was incidental, and ought not-to cause the exclusion of the evidence, which was competent on other grounds.
IY. The district court, in an instruction, directed, the jury that the agreement to forward the telegram would be binding on the defendant for a reasonable time, and such reasonable time was to be determined by them in view of the evidence as to the
Y. An instruction as to the damages to be recovered is complained of by counsel. As there was no verdict for the plaintiff, the jury, we presume, never went so far as to inquire as to damages. The instruction could have had no possible effect upon the findings of the jury as to the plaintiff’s right to recovery. It need not, therefore, be considered.
VI. Eulings upon the admission of the evidence are complained of in argument. Two, at least, of the grounds of complaint are not supported by the facts, and others do not merit discussion. They show no. error. Affirmed.