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Rodgers v. Dittman3/13/2002
ned. Henderson v. Scurr, 313 N.W.2d 522, 525 (Iowa 1981). Additionally, the proposed instruction adds elements not contained in the statute. Cf. Shulz v. Griffith, 103 Iowa 150, 153, 72 N.W. 445, 446 (1897) (affirming court's refusal to give instruction that added element of proof). As the district court pointed out, Iowa Code section 351.28 makes no mention of the victim's reasonable belief, a key component of Rodgers's proposed instruction. Cf. Miles v. Schrunk, 139 Iowa 563, 568, 117 N.W. 971, 972 (1908) (affirming refusal to give jury instruction in dog bite case that added an implausible element); Sanders v. O' Callaghan, 111 Iowa 574, 581, 82 N.W. 969, 970 (1900) (affirming district court's refusal to give instructions that set forth incorrect rules of law). For these reasons, we reject Rodgers's contention.
V. Disposition
"Even the tale of a dog should have an end." Kluckhohn, 161 Iowa at 274, 142 N.W. at 227. We affirm the judgment in favor of Dittman.
AFFIRMED.
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