Spicer v. City of Webster City

Ladd, O. J.

While walking over a sidewalk of defendant city, plaintiff was tripped by a loose plank, and fell. In its charge, and by special interrogatory, the court submitted to the jury whether the defendant had actual notice of the defect in the walk prior to the accident. The *562interrogatory was answered in the affirmative. Appellant now insists that the answer is without support in the evidence. If this be conceded, appellant cannot complain, for it requested an instruction, proper in form, which was fairly embodied in the seventh and fourteenth paragraphs given, submitting this precise…