139 Iowa 395 | Iowa | 1908
A brief statement of the facts, as to which there is no substantial controversy in the record, will show the bearing on the case of the rulings of the court which are relied on as grounds for reversal. Plaintiff, in a buggy driving a single horse, was on the north side of State street in Marshalltown just east of Ninth street and facing west, when appellant approached along State street from the west in a small automobile propelled by a gasoline engine making considerable noise. There was a ridge of dirt along Ninth street at the State street intersection, due to the recent filling of a trench dug for a sewer, and defendant, coming at a considerable rate of speed, bumped or jolted over this ridge, and, then noticing that plaintiff’s horse was restless, veered to the
There are other complaints of the action of the court in rulings on evidence, requests for instructions, and in the refusal to give other special interrogatories; but we find nothing in the record justifying a further discussion of the errors relied upon, and the judgment of the trial court is affirmed.