“ What will amount to the exercise of ordinary care will vary greatly with circumstances, as under one state of facts that course of conduct which would amount to the exercise of ordinary care might, under another state of facts, fall far short thereof, and be clear proof of negligence. ”

“ In determining whether or not a railway corporation, through its employes, has or has not in a given case been guilty of negligence, the question for determination is whether ordinary care has been used; that is to say, such care as an ordinary, prudent man would exercise under similar circumstances,
' (6) Railway companies are not insurers or guarantors of the absolute safety of their employes. They are not required to exercise as high a degree of care towards their employes as is exacted of them towards passengers who may be upon their trains. ”

“ On part of defendant it is claimed that the switchman and fireman have a right to signal the engineer, and that it is the duty of the latter to obey such signals, and if the switchman gave the signal, without fault on his part, there would not be negligence on part of an engineer in obeying the signal thus given.
' (18) That the engineer is bound to obey signals given by the switchmen is doubtless true as a general proposition, but by this can only be meant that the engineer is bound to obey if there is no good reason why he should not obey. ”

“ If, however, the accident is caused by the negligence of the company, or any of its employes other than the party injured, then the responsibility therefor is upon the company. In other words, employes are deemed to have assumed all the risks and perils pertaining to the business of railroading when the same is conducted and managed by the company with ordinary care, but they do not assume the risks and hazards caused by the want of ordinary care on the part of the company or its employes. ”

“ The first question for your consideration and determination is whether this accident resulted from the lack of ordinary care on the part of any of defendant's employes in charge of said engine, to-wit, the switchmen, fireman, and engineer. There is no evidence tending to show that the switchman on the north side of the track saw or could see plaintiff at the time of the accident, or had knowledge of his dangerous position, so that there is no claim made that he was negligent in the premises. ”

“ When human life or limbs are in peril, ordinary prudence reqi res that all reasonable means should be used by those who are aware of the danger to avert the same, and avoid injury to the person exposed thereto. Riggs himself testified that he saw plaintiff upon the ladder, knew that he was in a dangerous position if the cars were brought into contact, and saw, as the engine approached the standing cars, that the plaintiff remained upon the ladder. ”

“ The burden of sustaining this issue is upon plaintiff, and he must by a fair preponderance of the evidence reasonably satisfy you that the allegation of negligence thus made is true, or, failing in so doing, your verdict must be for defendant.
' (4) Under the statute of the state of Iowa [Code 1873, § 1307] every corporation operating a railway is hable for all injuries caused to, and the consequent damages sustained by, the employes of such corporation in consequence of the neglect of a co-employe in the performance of his duty to the company ”

“ That, as the engine came along track No. 2 for the purpose named, the fireman saw O'Neil at work upon the car, and when the engine had nearly reached the stationary way cars, seeing that O'Neil did not get down from the ladder, the fireman signaled the engineer to stop by crying out, 'Whoa!' That, in obedience to this signal, the engineer shut off steam and reversed the engine, and either wholly or nearly stopped the engine ”