McElhinney v. Knittle

Albert, J. —

Washington Street in the city of Waterloo, Iowa, runs in a southeasterly and northwesterly direction, and is intersected by Park Avenue at a right angle. At the time in question, plaintiff, who was a man 72 years of age, was crossing Washington Street, expecting to turn to his right and cross Park Avenue. There was a severe rain storm prevailing,. and plaintiff was Avithout rubbers. The evidence tends to show that there was Avater on the streets and in the gutters. Plaintiff testifies that, Avhen he reached the curb line on Washington Street, the leaves had obstructed the flow of…