City of Lincoln v. Calvert

Irvine, C.

The defendant in error recovered a judgment of $2,000 and costs against the plaintiff in error because of injuries sustained by defendant in error through a fall occasioned, as he alleged, by the defective condition of a street.

1. The first assignment of error to be noticed is that there was a variance between the allegations of the petition and the proof. The allegations of the petition in regard to the manner in which the accident occurred are briefly as follows : That on the west side of Tenth street between S and T streets, and extending beyond T street, there is a sidewalk;…