123 Iowa 528 | Iowa | 1904
The petition alleges that plaintiff was injured while walking on a sidewalk in defendant town, upon one of the public streets thereof, in front of the property of one Dr. Craig; the name of said street being to plaintiff unknown. ' The grounds of negligence charged were as follows r “That said sidewalk where the injury occurred was defective,, the boards thereof being rotten, splintered, or broken so that, the same either gave way under the plaintiff, or-had already been splintered and broken, and a hole located therein, at the-time the injury occurred to the plaintiff in said walk; that: said injury occurred without the fault or negligence of the; plaintiff, and the sidewalk at said place was in said defectivé condition at the point where said injury occurred, and was and had been defective and unsafe for a long time prior to the injury to plaintiff; that defendant had notice of the said defective and unsafe condition of said sidewalk prior to said injury, and had failed -and neglected to repair said defective 'sidewalk, and negligently permitted the same to stay in such condition, which was defective and unsafe, and said walk was in said defective and unsafe condition at the time of the aforesaid injury to this plaintiff, and, by reason of said acts and conduct of the defendant and its officers in permitting said sidewalk to become in such defective and dangerous condition, and to so remain, they were and are guilty of negii
IV. Certain of the instructions are complained of. Taken as a whole, they clearly and fairly presented the exact matters in issue. They were in the form usually given in such cases. The exact defects complained of, and no others, were submitted to the jury.
Other matters with reference to rulings on evidence are argued, but they have been so frequently passed upon by this court adversely to appellant’s contentions that we need not specifically refer to them.
There is no prejudicial error in the record, and the judgment is aeeirmed.