178 Iowa 985 | Iowa | 1916
This action was brought to recover damages, on the theory that the injury was brought about by the defendant’s negligence. Stated in general terms, the averments of negligence on which the plaintiff relies are that defendants failed to use due care in providing plaintiff a safe place to work and in ordering him to do the work in a dangerous manner, and in failing to warn him of the danger arising from the fact that no provision had been made to keep the alley and stairway clear and to prevent other persons from getting in the way of falling rolls of paper. At the close of the evidence on plaintiff’s part, the trial court directed a verdict for the defendants. The motion so sustained was based on grounds which may be thus briefly summarized: (1) That the evidence failed to show any actionable negligence on the part of defendants; and (2) that the evidence conclusively shows contributory negligence on the part of plaintiff. ■