127 Iowa 701 | Iowa | 1905
The allegation as to the negligence of the defendant was that the accident: “ was occasioned wholly by the fault, carelessness, and negligence of the defendant corporation, its officers and agents, for that the said approach upon which plaintiff slipped and fell was improperly and negligently constructed in such a way as to produce an abrupt, steep, and dangerous' incline from the walk to the
„ 1. Sidewalk ap-stRructSn-Cne¿-ligence. The only evidence as to the approach to the sidewalk being dangerous, and as to the negligence of the defendant in allowing it to remain in a dangerous condition, was to the effect that it should have been provided with or strips nailed across it. The approach was 0f pine planks laid lengthwise, five feet long, and it was eight and one-half inches higher where it joined the sidewalk than where it joined the street. The slope of the approach was therefore one foot in seven, and there is no evidence whatever that this slope in itself rendered the approach dangerous, or that the town was negligent, in view of all the circumstances, in constructing the approach at such a slope. We do not think that the jury would have been justified in finding that as a matter of fact it constituted negligence on the part of the town to construct the approach at this slope, and the court, therefore, did not err in failing to submit to the jury any question as to the negligence of the town, save that relating to the absence of cleats or strips. The court is not bound to submit to the jury every issue raised by the pleadings, but only such issues as are for the determination of the jury under the evidence.
No error appears from the record, and the judgment.is affirmed.