148 Iowa 636 | Iowa | 1910
The plaintiff, having fallen and received bodily injury upon a sidewalk in the defendant city, brings this action to recover the damages so sustained. She charges the fact to be that the sidewalk, which was constructed of brick, was defective and dangerous by reason of a hole or depression in its surface which the defendant had negligently permitted to remain unrepaired for a considerable period of time, and that she without negligence upon her part stepped into said hole or depression, causing her to fall as above stated. The defendant denies the allegations of the petition, denies that it was in any manner negligent with respect to the walk, and avers that, if plaintiff was injured, it was occasioned by her own. want of reasonable care. Plaintiff sues both in her own right and as assignee of her husband. There was a trial to a jury, and verdict for plaintiff in the sum of $550, and from the judgment rendered thereon the defendant appeals.
Nor is there anything from which we can say as a matter of law that plaintiff was guilty of negligence. On the contrary, the evidence fairly tends to show that she was in the exercise of due care.
Some exceptions were taken to the rulings on the admission of evidence and to instructions given by the court. We have examined each, and find no prejudicial error.
The judgment of the district court is affirmed.