Calder v. City of Walla Walla

The opinion of the court was delivered by

Scott, J.

Respondent brought an action against the city to recover damages for injuries caused him by falling upon a sidewalk, and, obtaining a judgment therefor, the city appealed. Certain questions are raised as to the refusal of the court to grant a motion for a non-suit, and to permit an ordinance to be introduced in evidence, and also *378for refusing to give certain instructions requested by the defendant. No brief was tiled by the respondent.

It is questionable whether enough appears from the testimony to show that the ice had accumulated to such an…