City of Denver v. Moewes

This was an action brought to recover damages for personal injuries alleged to have been suffered by plaintiff through the negligent failure of the defendant city to keep one of its streets in repair. The defect or obstruction in the street complained of was a trench or'gully across Fourteenth avenue near its intersection with Jefferson street, from eighteen to twenty-four inches deep, and from twelve to eighteen inches wide at the top, which was supposed to have been caused by the overflow or leakage from a large irrigation ditch near by. The plaintiff charged that while driving a coal…