Albert Martin Kales
Published: 2013-09
Total Pages: 388
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...to recover damages for alleged injuries sustained by the appellee in consequence of the omission orTtfie part of the city to keep a certain street crossing in repair. Tt Is averred in the declaration, that the city negligently and carelessly permitted a certain street crossing, made of plank, on Bluff street, at its intersection with Rock street, to be and continue in a defective and dangerous condition; that the plaintiff, on the first day of April, 1867, without any negligence or want of due care on her part, while passing along, stepped through a hole in said crossing, and thereby her lejvaja..broken and her ankle greatly injured; that she has since been a cripple, and will continue to be through life; that she has suffered great pain in consequence of the injuries received, and that she has spent large sums of money in endeavoring to get cured. A trial was had on a plea of not guilty, which resulted in a verdict in favor of the appellee, for $2,000. The court overruled the motion entered for a new trial, and rendered judgment on the verdict, to reverse whicli the city now prosecutes this appeal. The opinion here denies the sufficiency of several grounds urged for a reversal, and continues as follows: It is in proof that the appellee was a married woman at the time she sustained the injuries conTpTaTned of, but that she was divorced from her husband before this suit was instituted. It is now insisted that the appellee cannot recover in this action for the loss of her time or for money expended for medical aid during the period of her coverture. The proof shows that at the time of the accident to the appellee, her husband had abandoned her, and that she was supporting hgrself by her own industry. We have, not been very careful to look...