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

1 This is a second appeal. The opinion-on the first will be found in 104 Iowa, 27, where enough of the facts are stated to show the basis of the first assignment of error. On the second trial the case went to a jury, and the court instructed in one paragraph of the charge as follows: “In the absence of direct evidence of the conduct of deceased upon approaching the track of defendant’s railway, the law presumes, from the natural instinct of persons to avoid danger, that he exercised ordinary-care and prudence, until the contrary appears, but the presumption thus created applies only when…