City of Des Moines v. Frisk

1. New trial : newly discovered evidence: “cumulative” evidence defined. At about 8 o’clock in the evening of May 20, 1912, Mrs. Berg, with her husband, alighted from a street car at the corner of 17th and Walnut Streets in Des Moines, proceeded south on 17th Street and Dean Avenue, down 18th Street toward Court Avenue. Eighteenth Street had been cut down, and burned cinders and clinkers dumped by the city along the line for a walk. When at about the middle of the block, Mrs. Berg fell, and a fracture of the femur was the consequence. She instituted *703a suit for damages against the city and…