A. Brown v. Incorporated Town of Chillicothe
| Decision Date | 08 February 1904 |
| Parties | A. BROWN, v. INCORPORATED TOWN OF CHILLICOTHE, IOWA, Appellant |
| Court | Iowa Supreme Court |
Appeal from Wapello District Court.--HON. C. W. VERMILLION, Judge.
ACTION to recover damages for personal injuries received by reason of a fall on a sidewalk. Verdict and judgment for plaintiff. Defendant appeals.
Affirmed.
W. W Epps for appellant.
Jaques & Jaques for appellee.
Error is assigned on the overruling of a motion to require plaintiff to make his petition more specific as to the nature and character of the hole or defect in the sidewalk of which he complains, as to the allegation that, while he was in the exercise of ordinary care, "his attention was diverted and temporarily distracted from the sidewalk along which he was walking," and that he received permanent injuries. We do not see that there was any occasion to require plaintiff to describe with any greater particularity the nature of the hole complained of. From the evidence, it appears that there was but one sidewalk in the whole town, and that this was of plank; and we do not understand that there is any peculiarity about holes in plank sidewalks, making a minute and detailed description thereof essential to enable the town to make its defense in such a case. There is nothing in the evidence which the defendant could not have been prepared to meet, if it had any defense, for the location of the defect was specifically described. As plaintiff did not prove that his attention was diverted in any way from the defect in the sidewalk, of which he is shown to have had previous notice, no further allegation in that respect could have been of any advantage to the defendant. As to the injury, the allegation was that plaintiff's right wrist was injured and broken, and that plaintiff suffered great pain from such injury, and also great mental anguish, and also that said injuries so received were permanent in their nature. As no other permanent injury than that naturally and proximately resulting from a broken wrist was shown, defendant could not, in this respect, have been in any way surprised or prejudiced by reason of lack of more specific allegations. It therefore appears that there was no prejudice to the defendant in the ruling complained of.
Error is assigned in the overruling of defendant's motion to direct a verdict in its favor, the motion being based on two...
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