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

This ease was before us on a former appeal. The opinion will be found in 199 Iowa 868, where the circum- . stances of the occurrence, the physical facts, and the evidence adduced on the first trial are fully set out. We shall endeavor to avoid unnecessary repetition.

It was held on the former appeal that there was no sufficient evidence of negligence on the part of the defendant to take that question to the jury, and a judgment for the plaintiff was reversed, and a new trial awarded. We said:

“Manifestly, a new trial would be useless unless the plaintiff is able to produce new evidence on new…