Fulliam v. City of Muscatine

AdaMS, Ch. J.'

The plaintiff was injured while driving, on a dark night, on one of the streets of the defendant city. He testified, in substance, that a dangerous excavation or washout had occurred, and had been allowed to remain on one side of the street, and that in the darkness of the night, while using due care, he inadvertently drove into it, and his buggy was upset. The defendant contended that the plaintiff was not using due care, and that the proximate cause of the upsetting of the plaintiff’s buggy was not the condition of the street, but the breaking of the plaintiff’s harness,…