96 Iowa 668 | Iowa | 1896
In October, 1892, the plaintiff was. .employed in delivering merchandise, and for that purpose used a horse and wagon. The defendant was engaged in the business of operating an electric street railway in the city of Council Bluffs, and one of its lines was on South First street. On a day in the month named, the plaintiff was driving northward on that street, between the street-car track and the curbing, when his wagon was struck by a car of the defendant, and broken, his horse, was knocked down, and so hurt that he died in a short time, his harness was .damaged, and he received serious personal injuries. He alleges that the collision was without fault on his part, and that it resulted from negligence on the part of the defendant in running the car down a steep grade at so high a rate of speed that it could not be checked within a reasonable distance, and in attempting to run it past the plaintiff at a high rate of speed, at a point where the space between the track and the curbing on which the plaintiff was going was too narrow to make the attempt safe, without giving any warning by sounding the gong, or other means. The
III. Complaint is made of the refusal of the .district court to give certain other instructions asked,- and of portions of the charge given. The questions thus presented are not of sufficient importance to be considered separately. It is enough for us to say that, so far as instructions refused were correct, they .were, in substance incorporated in the charge given. The portions of them which are criticised, when consid