City of LaSalle v. Porterfield

The only questions in the arguments before us proper for our consideration arise upon the giving and refusing of instructions and the overruling of the motion in arrest of judgment.

First—It is contended that the first instruction given at the instance of appellee is erroneous in telling the jury that if the “bridge or culvert was at that time unsafe and out of repair, by reason of a want of ordinary and reasonable care on the part of defendant, and that it had been out of repair by reason of such want of ordinary and reasonable care for such a length of time that by the use of reasonable and…