Case v. Chicago, Rock Island & Pacific R'y Co.

Tbe injury occurred by reason of a car-door falling upon the plaintiff while be was standing upon a street in tbe city of Des Moines, near where tbe defendant’s freight train, containing tbe car, was passing. As to how tbe door happened to fall, there is no direct evidence whatever. It is manifest that tbe fastenings hád become insufficient, and this probably occurred by reason of wear, or strain, or breakage, but farther than that it is impossible to make any inference.

Tbe court gave an instruction in these words: “ When *763tbe accident is one that ordinarily would not have hapjiened had the…