City of Omaha v. Philadelphia Mortgage & Trust Co.

A judgment was recovered against the city of Omaha for damages caused by falling through an opening in the *521walk along tlie property owned by this defendant. After-wards the city brought this action against the defendant to recover the amount of the same judgment, interest and costs. Upon trial in the district court for Douglas county without a jury, the court found in favor of the plaintiff and entered judgment for the amount claimed. The defendant has appealed.

It appears from the evidence, a large part of which is contained in the stipulation of facts, that 25 or 30 years ago one Peter Goos…