City of Colorado Springs v. May

In the evening, just after dark, appellee was *205driving in a single buggy along an avenue of appellant city when a tree was felled by its employees in the avenue, striking and so frightening the horse driven by her that it overturned the buggy and threw her to the ground, whereby she was injured. She sued to recover for the injuries, had judgment, and 1he case is here.

Appellant assigns error in the giving of instruction No. 6, and in the refusal of an instruction set out in the third ground of its assignment of errors.

There was evidence strongly tending to show negligence by the employees of…