Engman v. City of Des Moines

Plaintiff brought action against the City of Des Moines to recover damages for personal injuries alleged to have been sustained when he tripped over a defect in a street and fell. The jury returned a $25,000 verdict for plaintiff and defendant has appealed assigning several errors.

I. Defendant’s first two assigned errors are based upon the proposition that defendant’s duty to plaintiff was limited to keeping the street in reasonably safe condition for vehicular traffic, even though he was a pedestrian. Error is alleged in failing to direct a verdict for defendant on the ground plaintiff did…