35 Iowa 585 | Iowa | 1872
The only question for us to decide in this case is,' whether the court erred in directing the jury to find for the defendant. Under our statute we have no such
Without here repeating the rules of law respecting the necessity upon the plaintiff in such cases of showing both negligence on the part of a defendant and the absence of it on the part of the person injured; and without determining whether it would have been the duty of the court to set aside a verdict for the plaintiff, if the jury had so found, in this case, we hold, under the rule as above stated, that it was error to instruct as was done by the court below.
Reversed.