71 Iowa 381 | Iowa | 1887
Lead Opinion
I. The petition alleges, in substance, that defendants, without right or authority, dug a ditch in a public street of a village, and with gross negligence left it open and without guards, or any protection to prevent persons using the street from falling into it, and that plaintiff, while passing along the street, in the exercise of proper care,- fell into the ditch, and was permanently injured. The answer denies the allegations of the petition.
' III. The defendants, after the evidence was submitted, and during the argument of the cause, asked permission to
Other questions raised upon plaintiff’s appeal, involving mainly rulings upon the admission of evidence, do not now demand consideration, for the reason that they may not arise upon the new trial.
The judgment is reversed upon both appeals, and' is-remanded to the court below for a new trial.
Reversed.
Dissenting Opinion
(dissenting.) In'the view which I take of the evidence, the instruction in question' is applicable to it, and correct.