144 Iowa 232 | Iowa | 1909
On the night of September 9, 1907, the plaintiff, a young man of twenty-seven years of age, is alleged to have fallen and received an injury upon one of the walks of the defendant city, said fall having been occasioned by the defective condition of the walk, and without fault oh his part. He charges the defendaht with negligence in the maintenance of the walk in question, in that it had permitted the same to become weak, rotten and dilapidated, and to remain in that condition an unreasonable length of time without proper repair. In his original petition plaintiff alleged that in 'said walk there was a broken board, the parts of which had been allowed to remain unfastened, one of them having dropped below the level of the walk, leaving a hole therein some twelve inches, in width and two feet in length, and that in passing this place he slipped and fell, his left foot passing through said hole in the walk, and that he thereby fractured his ankle. The case being tried to a jury, the plaintiff, after all the evidence was in, asked and was allowed to file an amendment to his petition to conform his claim to the proof which had been adduced
We discover no sufficient cause for disturbing the judgment of the District Court, and it is affirmed.