Smith v. City of Des Moines

I. Appellee was injured about 11 o’clock P. M. on tbe 23d day of January, 1920, by falling upon an icy sidewalk on East Lyon Street in tbe appellant city. The injuries complained of, wbicb appellee alleges are permanent, are described as an impacted fracture of tbe left wrist.

But two propositions are relied upon for reversal: One, the refusal of tbe court to instruct tbe jury that, “if tbe ice bad formed on tbe walk in question by reason of snow melting upon tbe adjacent lot and flowing thereon, the defendant bad a right to wait for a change of temperature to remedy the condition caused by…