Howard v. City of Osage City

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover for injuries sustained in falling into a ditch dug by the construction company along Market street in Osage City. The answers pleaded contributory negligence. The jury *206found for the plaintiff, and answered special questions to the effect that she could not have seen the ditch by looking and exercising ordinary care, or known of its existence. Two complaints are made: that the court erred in permitting testimony touching the conditions of the ditch at other places, and changes made at the place of injury after its…