Thomas v. City of Devils Lake

EMIL A. GIESE, District Judge.

Plaintiff recovered a verdict for $1,424.41 for injuries received in a fall alleged to have been caused by a defective curb. The defendant appealed from the judgment as rendered for the plaintiff.

Plaintiff alleges that the defendant was negligent in failing and neglecting to keep a portion of the curbing on Fifth Avenue in the City of Devils Lake in good repair or in safe condition for travel. The defendant denies any negligence on its part and alleges contributory negligence on the part of the plaintiff.

From the facts as disclosed by the record, it appears that…