Hoover v. Town of Mapleton

1 After the trial in the court below,, plaintiff died, and T. B. Lutz, the administrator of her-estate, Avas substituted as plaintiff. The errors, as assigned,, involve considerable repetition. We shall depart, therefore,, from the order adopted by counsel for discussion, but shall endeavor to dispose of all questions presented. It is not-disputed that the walk was, in- fact, defective, but it is said ■ there Avas no evidence of notice to the city of such.defect. Constructive notice is relied upon by plaintiff. The accident occurred by reason of a board tipping up at one end, and tripping…