23 Minn. 276 | Minn. | 1877
There was no error in admitting evidence under the complaint. After stating the duty of the defendant to keep the streets in its city in good and safe condition, it alleges “ that a certain street in said city, called Byron street, has been for five years last past much travelled .and used by the citizens thereof, and others, so much so that said duty of said defendant as to said street was, and became at the time hereinafter mentioned, a matter of public concern.” This is hardly sufficient as an allegation that Byron street was a public street, used as such by the public generally, so that the duty of the defendant with respect to
From the evidence it was for' the jury to determine whether it was negdigen.ce for the defendant to allow the post to remain in the street, and also Avhether the post, considering its size and location, was such that a person travelling along the street, in the exercise of proper care, would have seen it. The conclusion that a person so travelling would have seen it is not a question of law, and, under the circumstances of this case, it is not so clear that a court should take the consideration of it from the jury.
The question put to the witness — “ Did you at one time think of taking off the leg ? ’ ’ — though objectionable in form, was not obnoxious to the objection stated, i. e., that it was immaterial and incompetent. The answer would tend to show the character of the injury, whether serious or slight.
The questions asked, tending to show that, after the injury, the post was cut down by the defendant, and that it had previously done work on the street, were proper, and so were those tending to show the location of the post, and that other teams had run into it, for such questions were
Order affirmed.