City of Hastings v. Mills

Ragan, C.

In the district court of Adams county Artie L. Mills, by his next friend, sued the city of Hastings for damages for an injury which he alleged he had sustained by falling *843Into an excavation in one of the streets of said city, negligently permitted by it to remain unguarded. He had a verdict and judgment for $200. Thereupon the city moved the court for an order to tax it with only its costs, and not with the costs made by Mills. This motion the district court overruled and permitted Mills to recover from the city the costs expended by him in the action. To reverse this order the city…