70 Iowa 436 | Iowa | 1886
The plaintiff was injured while driving, on a dark night, on one of the streets of the defendant city. He testified, in substance, that a dangerous excavation or washout had occurred, and had been allowed to remain on one side of the street, and that in the darkness of the night, while using due care, he inadvertently drove into it, and his buggy was upset. The defendant contended that the plaintiff was not using due care, and that the proximate cause of the upsetting of the plaintiff’s buggy was not the condition of the street, but the breaking of the plaintiff’s harness, allowing the buggy to run upon the horse, and that the harness was defective and unfit for use, as the plaintiff knew.
I. The first error assigned is that the verdict is without support in the evidence. But the assignment is not argued,
II. The plaintiff asked an instruction in these words: “ The duty which the law imposes on a municipal corporation
III. The plaintiff asked an instruction in these words: “ It is no defense to an action for damages for a personal
IY. Finally, it is said that the verdict should have been set aside for misconduct of the jury. It is said that the jury,
The judgment must be
Aebtbmed.