181 Iowa 786 | Iowa | 1917
. There is a conflict in the testimony at some points, but it is either admitted or there is evidence tending to show that plaintiff, accompanied by her son, left the home of her daughter at 1521 Maple Street, Des Moines, Iowa, at 7:30 P. M., and drove their horse and buggy in a south and westerly direction, arriving at the railroad crossing in ques
Defendant’s motion for directed verdict is on the grounds, first, that defendant was not negligent because he was driving his ear at a rate of speed between 10 and 15 miles an hour, and that, under the ordinance, he was not limited to 15 miles an hour at the place of the accident; second, that the plaintiff was guilty of contributory negligence in failing to have a red light attached to the rear of the vehicle; and third, that there was concurring negligence of the third party approaching with an automobile.
Under this record, we think it was a question for the "jury to say whether, under all the circumstances, defendant was negligent in the matters charged. It was a question for the jury to determine whether defendant was, as he claimed, wdthin the light from the approaching automobile and blinded thereby, and whether he was, under all the circumstances, considering the distance and the other facts, within the light zone and blinded, and whether he was negligent in driving at the rate of speed he was, under the circumstances shown.
Appellant contends that we should take judicial notice of this matter, but no cases are cited. We said, in Haaren v. Mould, 144 Iowa 296, substantially that judicial notice does not depend upon actual knowledge of the judge, but that he is at liberty, when the question arises, to investigate and refresh his recollection by any means which he deems sufficient and proper. Bradner on Evidence (2d Ed.), page 186, citing People v. Chee Kee, 61 Cal. 404, states that courts will take judicial notice of the time when the sun rises and sets during different days and seasons. See also 15 R. C. L. 1100 and 1101. Counsel for appellant, in argument, say that, on the date in question, the sun set at 9 minutes after 7. Our investigation shows that it was 7 minutes after. It was for the jury to find from the evidence the time of the accident.
Appellee makes some contention that the accident was because of the negligence of the party approaching in another automobile without applying his dimmers, or at least that this was a contributing influence, and the concurrent uegligence of a third party. But, under the entire record, we are of opinion that the case should have been submitted to the jury, under proper instructions.