Pearson v. City of Weiser

BAKER, District Judge.

The defendant, City of Weiser, .has appealed from adverse judgment entered upon verdict in plaintiff’s suit to recover damages to his pickup truck and for personal injuries sustained by him all initiated by contact between his pickup truck and hole, which, it is alleged, defendant had negligently permitted to remain in the paved street .upon which plaintiff was traveling.

In his complaint plaintiff alleged, in effect, that for several weeks prior to April 1, 1946, the defendant city had knowingly permitted the pavement on the southerly side of West Commercial Street in…