142 Iowa 684 | Iowa | 1909
The plaintiff’s wife was seriously injured by a fall on a sidewalk within the defendant city. There is no question as to the defendant’s negligence, or as to the sufficiency of the evidence to support a finding for the plaintiff.. The errors relied upon for a reversal relate solely to the instructions given by the trial court and to the refusal of.the trial court to give an instruction asked by the defendant.
The appellant’s principal contention for a reversal is based upon the court’s refusal to give its request No. 9, which is as follows: “You are instructed that, if the said Sarah L. Scurlock had previous knowledge of the alleged defect in the said sidewalk, it was her duty to keep it in mind and look for it, unless there was something sufficient to divert her attention, and, if she failed to keep it in mind and look, for it, She is guilty of negligence, and the plaintiff can not recover unless you find that the said Sarah L. Scurlock would have met with the accident had she kept the said defect in mind, and used reasonable care to avoid the alleged injury.”
We find nothing in the record which would justify a reversal of the judgment, and it is therefore affirmed.