36 Neb. 163 | Neb. | 1893
This is an action to recover for injuries sustained by the plaintiff by falling into the excavation of O and Twenty-fourth streets in the defendant city. Upon the conclusion of the testimony in the court below the court directed the jury to return a verdict for the defendant, which, was done, and the action dismissed.
We have carefully read both the pleadings and proof in this case, and fail to find any evidence of negligence on the part of the city. In South Omaha v. Cunningham, 31 Neb., 316, a trail or track, which had been in common use, ran along a deep excavation for a street, was left
Affirmed.