Hardy v. Chicago, Rock Island & Pacific Railway Co.

At the first trial the only issue submitted to the jury was whether the defendant was negligent in *43failing to instruct and warn plaintiff respecting the dangers incident to the work in which he was employed. On appeal the evidence was held insufficient to establish negligence as alleged (139 Iowa, 314), and upon remand an amendment to the petition was filed, in which it was alleged that deíendánt was negligent, in that its vice principal ordered plaintiff by an imperative command to pour powder into a hole and to go into a place of danger, knowing that the hole had just been sprung, and…