109 Iowa 557 | Iowa | 1899
Tbe only question raised on tbis appeal is tbe sufficiency of tbe evidence to- sustain the verdict. Tbe
It is contended that, because the plaintiff did not anticipate an injury, he cannot avail himself of the promise to repair, and Holloran v. Foundry Co., 133 Mo. Sup. 470 (35 S. W. Rep. 263), is relied on. There the injured party did not consider himself in a dangerous position, and for this reason could not avail himself of such promise. Here the plaintiff appreciated the risk and danger, and was induced to brook it because of the recent agreement to replace -the short by a long handhold. There is a wide difference between apprehending danger and anticipating an injury. The former is the very basis of a demand for repair. See Stomne v. Produce Co., 108 Iowa, 137. In Young v. Railroad Co.