122 Iowa 430 | Iowa | 1904
This action was not commenced until more than three months had elapsed following the date of the injury alleged. It is provided by Code, section 3447 — a part
II. Appellant complains of the giving of the third instruction, in that therein the court assumed to direct the jury as to each of the elements of fact essential to a recovery on the
III. Complaint is made of the eighth instruction given by the court to the jury. Therein it is said, in substance, that if the Avalle where it is alleged plaintiff fell Avas not in a rea-
IV. The defendant requested an instruction to the effect •that if the street commissioner, Avhose duty it Avas to inspect and examine the sidewalks of the city, two or three days be-
V. It is urged that tbe verdict is not warranted by tbs evidence. We think otherwise. No good purpose could be subserved by setting forth in this opinion tbe evidence upon which we base our conclusion. It will be sufficient to say, that there is evidence in tbe record from which tbe jury may well have found that tbe city was negligent as charged, that an accident occurred as alleged, and that plaintiff did not contribute thereto by her own negligence. That plaintiff was severely injured cannot be doubted, and it is not suggested ip argument that tbe verdict is excessive.
We have examined tbe record with respect to all other errors assigned, and find no merit in any of them. It fob lows that tbe judgment must be and it is aeeikmed, ' j