Mangan v. Des Moines City Railway Co.

The trial court, upon the conclusion of plaintiff’s testimony, directed a verdict for the defendant. The ruling is the provocation for this appeal. Two questions arise: (1) Did the evidence of plaintiff, offered in support of the pleaded negligence, present a jury question? (2) Was the plaintiff guilty of "contributory negligence as a matter of law?

The instant case is one of novel impression in this state, although many decisions from other jurisdictions are presented for our consideration in briefs and arguments. The difficulty lies in the differentiation of the cited decisions on the fact…