v.
Louis Machamer
The petition states that deceased died September 19th, and that, before her death, she was subjected to expense for medical care, attention, etc.; that, by reason of the injuries and death, her estate had been damaged; and that the claim is the property of plaintiff, as administrator. The negligence charged is that defendant was driving his car at an excessive and reckless rate of speed; that he did not have it under proper control; that he was negligent in not seeing and avoiding deceased, in failing to stop or turn said car aside after he saw, or should have seen, deceased, in failing to sound his horn or give any signal or warning of his approach, and in violating the ordinances of the city regulating the speed of such vehicles.
Deceased was proceeding west on the south side of the bridge, and when about a third of the way from the east end, attempted to cross the roadway from the south side of the bridge. Defendant was proceeding east, on the south or right-hand side of the bridge. Plaintiff’s evidence tends to show that, before defendant struck the girl, and as he was approaching her, he was looking down the river, south and east of the bridge, where some men were making excavations for a power house; that he was traveling at from 20 to 25 miles an hour when he struck her; that it was while she was leaving the south sidewalk and was starting across the roadway that appellant was looking down [*1100] stream, instead of in front of Ms car; that, after the accident, defendant stated to plaintiff that he did not know the little girl was there until he felt the jar of the car; that, when she was struck, she was from 8 to 12 feet from the curbing on the south side of the bridge; that she was struck by the radiator and the right front fender; that there was sufficient space between deceased and the south curb for appellant to have passed behind her without striking her; that, when she was struck, her clothes caught on the car, and she was dragged until the car stopped, when she was found lying on the pavement beneath the right hind wheel of the ear, the wheel resting on her leg or on her dress; that she was dragged and rolled from the front to the rear of the car before it stopped; that the car went from 20 to 30 feet after it struck her, before it stopped. A witness who helped pick her up, and went with her to the doctor’s office, found a few spots of blood on his hand, after he took her to the doctor’s office. Another witness saw some blood on her right thigh, as she lay on the pavement. Witnesses for plaintiff noticed skid marks on the smooth creosote blocks of the bridge-paving, where the wheels had skidded after the brakes were set. Another witness found a comb, a button, and a piece of cloth, and saw some blood along the skid marks, and located these articles with reference to the beginning and ending of the skid marks, and with reference to the railing posts of the bridge.
The doctor who attended her testified that she died of peritonitis, caused by a ruptured bowel, the rupture being caused by extreme violence; and that the steels of her corset were bent at an angle of nearly 90 degrees.
The ordinances of the city prohibited the operation of a motor vehicle at a speed in excess of 15 miles per hour. Those near did not hear defendant give any warning signal. Deceased was strong and healthy. One witness testifies that she was carrying a small paper sack in her hand; another witness did not notice this, but says that the dashboard or runway of the car was scattered with salted peanuts. “Don’t know whether she had them; don’t know where they came from.” A witness states that deceased was facing northwest at about the time she was struck.
Defendant’s evidence tends to show that the bridge was [*1101] crowned, the highest point being at about the center of the bridge. It was also crowned laterally. The sidewalk on the bridge was eight feet wide, elevated some eight inches above the roadivay. The creosote blocks were filled or covered with asphalt. There was nothing along the curb on either side of the bridge to interfere with one’s vision. Defendant was accustomed to driving automobiles. He says it was his impression that he was going at about 10 or 12 miles an hour; that he didn’t see deceased until she was right in front of his machine — immediately in front of him — was right on her; that he applied the brakes as soon as he saw her — got the brakes fully set before she was struck; that he stopped and got out of the car; that he swayed to the left to avoid her. He says he stopped the car, after he struck her, within the length of his Ford car; that he gave her assistance after the accident. He thinks he was about three or four feet from the south, curb; was looking straight ahead, as he was driving.
There was more or less corroboration for both plaintiff’s witnesses and those testifying for the defendant, and there is denial of some of plaintiff’s evidence. We have set out enough to give a general outline, It will be noticed that there is a conflict in the evidence at some points.
2. Appellant attempted to except to Instruction No. 8, in the motion for new trial. The exception in the motion for new trial is as follows:
Appellee contends that the exception is not sufficiently specific, and is, therefore, no exception at all. The point is well taken. The statute in force at the time of the trial of this case, Code Section 3709, as amended by Chapter 11, Acts of the Thirty-eighth General Assembly, provides that the exceptions shall specify the part of the charge or instruction objected to, and the ground of the objection. No. 8 is upon the subject of the measure of damages.
Appellant, in this court, objects to the instruction on different grounds. None of these grounds, and in fact no ground at all, was stated in the exception. Moreover, Instruction No. 8 is the same as defendant’s offered Instruction No. 3, except that, at the end of No. 8, the court refers to the question of funeral expenses, medical attendance, and nursing. "We do not understand appellant to complain as to these last named items, except as to funeral expenses, which will be referred to later in the opinion. As to all the rest of Instruction No. 8, defendant, because of the offered instruction, in the same language as that given by the court, may not now complain. Grosjean v. Chicago, M. & St. P. R. Co., 146 Iowa 17, 23. Having invited the error, if any there was, defendant may not now take advantage of it. Campbell v. Ormsby, 65 Iowa 518, 520; Andrews v. Chicago, M. & St. P. R. Co., 86 Iowa 677, 686; Krehbiel v. Henkle, 178 Iowa 770, 781; Anderson v. Anderson, 150 Iowa 665, 671.
3. Appellant complains that, by Instruction No. 8, the court did not limit the recovery to damages accruing to the estate after the minor would have attained her majority. They cite only [*1103] Walters v. Chicago, R. I. & P. R. Co., 36 Iowa 458, and Lawrence v. Birney, 40 Iowa 377. These eases refer to personal earnings of the minor during minority, which belong to the parent. No claim was made for such damages in this case, and there was no evidence thereof; so that the question is not in the case, unless, perhaps, as it may be involved in the question as to the value of the estate of the deceased. The damages sued for herein were to recover damages to the estate of deceased; but, for the reasons before stated, the objection as now made to No. 8 may not be considered.
“Q. Can you state to the jury what and how much these bills were ? A. $480. Q. Tell what amount that is made up of, the various amounts, and for what? A. The undertaker’s bill was $344.”
Witness then gives the amounts of the hospital, doctor’s, and nurse’s bills. He continues:
”Q. Do you know what the fair charges for services of that kind are in Cedar Rapids, or was at that time? A. I didn’t look around to see whether I could get the work done any cheaper or not. Q. Do you know about what it is customary to charge for such services, or about what it was at that time, I mean? A. It was the regular charges. I mean that the hospital charges and the nurse’s charges were the same as they would charge anybody else; that is what they got. Q. Is that true of the other bills? A. Yes.”
In the Carnego case, the evidence showed only the amount of the funeral expenses, and that they had been paid by the plaintiff. The court held that the evidence was admissible, and the question was whether it was sufficient to establish the reasonableness of the cost. The evidence goes further in the instant case,-in that it shows that the witness testified that he knew that they were the- reasonable or regular charges. In some of the later eases, the rule has been modified somewhat. The Carnego case was referred to in Reutkemeier v. Nolte, 179 Iowa 342, 353, where we said that, if the items and the cost of them had been disclosed, they might have furnished a sufficient basis for the jury to pass upon the reasonableness of the expense; that it was also said in the Carnego case, in recognition of our previous holdings, that, where the nature of the item is such that a jury would be likely to be familiar therewith, proof of payment is enough to carry the question of reasonableness to the jury (citing Lampman v. Bruning, 120 Iowa 167; Scurlock v. City of Boone, 142 Iowa 684). The issue in the Reuthemeier case was [*1105] as to the value of professional services of a doctor. In the instant ease, as in that case, there is nothing startling in the amount of the bill for the services rendered. Most people have some idea of the ordinary charges. We think it is so in regard to funeral expenses. $344, in these times, would not strike an ordinary individual as exorbitant. There is nothing in the amount of the bill that tends to excite distrust as to its reasonableness. The entire recovery, as fixed by the jury, was but $1,000, which is clearly not excessive. The undertaker could have been called at a small expense, no doubt; and it seems to us this would have been the better way. But, had an expert testified as to the value, the jury would not have been bound by his testimony, but in connection therewith could use their own judgment. This has been held where the services were those of a medical expert as to doctor’s services, and though undisputed, the case must go to the jury. Fowle v. Parsons, 160 Iowa 454. See, also, Hoyt v. Chicago, M. & St. P. R. Co., 117 Iowa 296; Hunter v. Empire State Sur. Co., 159 Iowa 114. We think there was no error in admitting the evidence, in regard to the undertaker’s bill, and the hospital, doctor’s, and nurse’s bills. The manner in which the question was submitted to the jury may not, for the reasons before stated, be reviewed.
There may be some other minor matters argued which .we have not discussed in detail, and, as said, some questions are argued as to which appellant is not entitled to review. The points noticed are controlling. There being no prejudicial error, the judgment is — Affirmed.