City of Fremont v. Brenner
City of Fremont v. Brenner
Opinion of the Court
This is an action to recover damages for personal injuries sustained by Brenner by reason of an alleged defect in a street crossing in the city of Fremont. After alleging the •incorporation of the city, the cause of action is stated as follows:
“ That Sixth street is, and at all times hereinafter mentioned was, a principal street and thoroughfare, within the
“That thereafter, in the winter season, to-wit, on the 29th day of December, 1886, while the plaintiff was traveling on foot on and over said street and crosswalk and the incline thereof with due care, and without any fault or negligence on his part, the plaintiff, by said slippery and dangerous condition of said sidewalk and the incline thereof, and by the defective construction and grade thereof as aforesaid, was made to slip, and was made to violently fall to the ground, whereby the plaintiff was greatly bruised, and his left arm was thereby fractured and broken and plaintiff was thereby permanently injured in and about said arms and plaintiff thereby suffered great pain of body*408 and mind, and plaintiff was put to great expense in securing medical treatment and the services of a physician in and about his said injuries.”
There is also an allegation that the claim was rejected by the city council. The prayer is for judgment for $2,000.
The answer consists of certain specific denials and a plea of contributory negligence on the part of Brenner.
On the trial of the cause the jury returned a verdict in favor of Brenner for $500, upon which judgment was rendered. A number of errors are assigned, the principal objections being to certain instructions given, and to the refusal to give instructions asked. The instructions given, which are very long,seem to cover every point upon which there was evidence, and no particular error in them has been pointed out, and there was no error in refusing to give the instructions asked, as those previously given seem to have been full and complete. The questions of fact were fairly submitted to the jury, and in our view the verdict is fully supported by the evidence. There is no error in the record, and the judgment is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- City of Fremont v. Martin Brenner
- Status
- Published