Nicholson v. City of Des Moines

*286Wennerstrum, J.

(dissenting) — The majority opinion in my judgment does not give consideration to certain fundamental principles that have been applied in cases of the character here under consideration, and because of that fact I feel under obligation to respectfully dissent.

It should be kept in mind the material allegations relative to the liabilities of the City of Des Moines as set out in the plaintiff’s petition are limited to the following:

“A. In failing to maintain a barrier or railing at the point where said decedent fell to his death in the above described pit.

“B. In failing to…