38 Iowa 414 | Iowa | 1874
II. The plaintiff was permitted, during the course of the trial, and against the defendant’s objections, to ask a witness whether the culvert and a gutter near the plaintiff’s premises were of sufficient capacity to drain the streets they were intended to drain. The answers tended to show that they were not properly constructed and were partly full of dirt and other obstructions. It is claimed by the appellant’s counsel here, that the evidence was improperly admitted, because the city officials exercised their best judgment in regard to the size and capacity of the culverts and gutters; and that a municipal corporation is not liable in damages for an error of judgment by its officers acting in a judicial capacity.
The abstract further shows that “the court, upon the request of plaintiff, gave the following instructions, (four in number), to the jury, to which the defendant excepted.” And also, that “ the court further gave the following instructions, (seven in number), on its own motion, to which the defendant excepted.” Upon the authority of the cases cited, supra, this general exception raises no question for us to determine — there being no claim that all of either series were erroneous.
The evidence sufficiently sustains the verdict.
Affirmed.