City of Pueblo v. Timbers

Action in damages by Charles Timbers against the city of Pueblo for personal injuries. Prom a judgment in plaintiff’s favor for $2,750, defendant appeals. Plaintiff fell into an excavation in one of the public streets in the city of Pueblo which, according to the uncontradicted evidence, had been negligently allowed by defendant to remain therein for an unreasonable length of time without any protection. At the trial the only contested question, and the one to which the instructions were confined, was the amount of the recovery, and the only errors assigned and argued are based on the giving…