67 Iowa 307 | Iowa | 1885
I. The plaintiff was injured by stepping into a hole in the bridge, which was out of repair, and the plaintiff so knew prior to the day- when he attempted to cross it. The bridge had been so out of repair for some time. On the morning of the day of the accident, the plaintiff, with others, undertook to drive some hogs to Leon, the county seat, over the bridge, and the plaintiff was in advance of the hogs scattering straw over it at the time of the accident’.
In view of a retrial, we deem it proper to say that instruction numbered 10-| given by the court is erroneous, because it allows a recovery without reference to the question of the defendant’s negligence. It may be that it was not sufficiently excepted to, as the plaintiff contends: and possibly, when
Reversed.