75 Ind. App. 449 | Ind. Ct. App. | 1921
This was an action by appellee to recover damages for personal injuries alleged to have been sustained, as a result of a fall upon an ice-covered sidewalk in the city of Linton.
The complaint, which was in two paragraphs, was answered by a general denial, and the issues thus formed were submitted to a jury for trial, resulting in a verdict for the appellee in the sum of $1,500, upon which the court rendered judgment.
The appellant’s motion for a new trial having been overruled, it now prosecutes this appeal and has assigned as error the overruling of its said motion.
The evidence in this case is practically without conflict. A portion of the sidewalk in appellant city had
The appellant insists, that as appellee knew, at and before the time she was injured, of the icy condition of the sidewalk where she was injured, in time to have avoided the ice, she could have used a safe “path” along the edge of the sidewalk and have thereby avoided the injury; that she was guilty of contributory negligence; that she assumed the risk which brought about her injury; and that there is no evidence in the record tending to show that, at the time she was injured, she was exercising due care for her own safety.
As to the weather conditions at the time- of her injury there was testimony that it had been raining, had turned cold and the water on the ground had become frozen, and that it then began to snow. No testimony in the record has been called to our attention, which discloses the condition of said “path” along said sidewalk, on the night in question, as to whether the same was covered with ice or not. There is nothing in this record, which we have been able to discover, which would lead us to believe that, on the night in question, said “path” furnished a way for the appellee upon which to walk, which was any safer than was the sidewalk which she attempted to use. The fact that the sidewalk at the place in question was at the time dangerous to pedestrians attempting to walk thereon, and that appellee knew of such condition, did not, as a matter of law, require that she avoid the use of said sidewalk. The law simply required of her that she use reasonable care — care proportionate to the known danger. City of Huntingburg v. First (1896), 15 Ind. App. 552, 43 N. E. 17.
We find no reversible error in this record. The judgment is affirmed.