98 Iowa 199 | Iowa | 1896
I. Plaintiff claims, that on the evening of November 16, 1898, and while she, in the exercise of due care, was walking upon a sidewalk in the defendant city, she stepped into a hole-in said walk, was thrown down, bruised, and “her spine so badly injured as to render her almost entirely helpless, and, she believes, will incapacitate her from performing any manual labor for her whole life.” The petition contains other necessary allegations as to notice to the city of the defective condition of the walk. The defendant answered, denying that plaintiff had sustained the injury as alleged, and denying that it was. permanent, and denying that it was caused by defendant’s carelessness or negligence, and averring that the injury, if any, was caused by plaintiff’s own carelessness and negligence. There was a verdict for plaintiff for three thousand dollars.
VII. It is said, that the verdict is not warranted by the evidence. Without considering it in detail, we may say, that the evidence was abundant to support the verdict. It is shown, without conflict, that plaintiff fell, and was injured, by reason of the hole in the sidewalk, and the negligence of the city, and the notoriety of the defect cannot, under the evidence, be seriously questioned. As is usual in such cases, the evidence as to the extent of plaintiff’s injury, is conflicting. It is conceded in argument, that plaintiff was carried into and out of the court room during the trial.