124 Iowa 510 | Iowa | 1904
The mere fact that the walk was in an unsafe condition did not preclude its use by plaintiff, for the evidence tended to show that it was the only way by which she could well reach her home, and she must have taken the walk or the center of the road. See Sylvester v. Casey, 110 Iowa, 256; Carter v. Lineville, 117 Iowa, 532, and like decisions. Whether in choosing the walk she was negligent was fairly for the jury to determine. But did she exercise due .care iii avoiding the hole in the walk ? That she was walking arm in arm with her companion did not necessarily interfere with the exercise of proper care. It may have prevented her from carrying the books under the arm farthest from the fence, but