Parks v. City of Des Moines

I cannot concur in the conclusion announced in the majority opinion. A municipality is not an insurer as to the condition of its sidewalks in relation to snow and ice. Under the facts in the instant case the controlling question is one of law and it is a question for the court to decide. The motion for a directed verdict on behalf of the defendant city at the conclusion of all the testimony should have been sustained. This statement is predicated on the- record before us. There is no evidence to establish either actual or constructive notice on the part of the city as to the defect which is…