132 Iowa 597 | Iowa | 1906
Defendant is a corporation engaged in operating a gas plant in the city of Council Bluffs. Among other things, it has the charter right to the use of certain streets of said city, including South Eirst street, for the purpose of laying its mains to supply gas to its customers. On September 16, 1904, defendant was engaged in digging a trench for and laying a supply main in South Eirst street, a paved street of said city extending north and south. The work began at the north line of Pierce street, an intersecting street extending east and west. At the close of said day, the work had so far progressed that the trench had been opened to a point about one hundred and ten feet south of the intersection of First and Pierce streets, some of the pipe had been put in, and the trench partially refilled. Eirst street, in its paved part, is about thirty feet in width. A motor line track extends along the street, and was' so laid that the east rail was fourteen or fifteen feet from the east curb of the street. The trench was dug close to the west rail of the track, and, in the main, the earth removed was thrown to the west. A short distance south of Pierce street were two catch basins, and, adjacent to these, the earth was thrown over on the east side of the track. The occupation of plaintiff was that of
Tbe trial court evidently thought that tbe admission was as broad as tbe evidence offered, and as tbe appellant did not see fit to incorporate tbe document offered in its bill of
In the fourth paragraph of tbe instructions tbe court interpreted tbe charge of wrongdoing first in order of state
So, too, that defendant permitted the pile of earth to remain on the street during the night is not sufficient of itself to make out a case of actionable negligence. And counsel for appellee does not seriously contend to the contrary. Within common knowledge, it is generally impracticable, if not impossible, to complete a work of public im
We conclude that for the errors thus made to appear, the judgment must be reversed, and a new trial awarded. —■ iReversed.