Wells v. City of Oskaloosa

We shall assume, without deciding,' that negligence on the part of the defendant is shown and shall consider only the question of contributory negligence. The petition and the evidence introduced in support of its allegations are peculiar. It is necessary to note carefully the allegations of the petition and the construction that was placed upon it by plaintiff and the court through application to amend made after the close of the evidence and to note the instruction by which the issue of negligence was submitted to the jury.

The place of plaintiff’s fall was a sidewalk in front of a set of…