Harden v. Illinois Central Railroad Company

— This wrongful death action has been twice tried to a jury. The first resulted in judgment for defendant which we reversed on the ground of jury misconduct. (253 Iowa 341, 112 N.W.2d 324) The second jury did not agree. Defendant then filed a motion for judgment claiming its motion for directed verdict should have been sustained as the evidence failed to create a jury question on freedom from contributory negligence. The trial court overruled the motion. Defendant has appealed.

I. The right to appeal is statutory and in civil eases is governed by the Iowa Rules of Civil Procedure. Rule 331…