City of Lincoln v. Power

Statement by Mr. Justice SHIRAS.

This was an action brought, at January term, 1891, in the circuit court of the United States for the district of Nebraska, by Margaret J. Power, a citizen of the state of Iowa, against the city of Lincoln, a municipal corporation of the state of Nebraska, for personal injuries which the plaintiff incurred while passing along a street of said city, and which she alleged had been occasioned by the carelessness and negligence of the municipal authorities in permitting a hole or broken grating to remain in a sidewalk after having been notified of its existence.

The cause was tried before the district judge, sitting as circuit judge, and a jury, and resulted in a verdict and judgment in favor of the plaintiff for the sum of $5,700. The defendant, alleging error in the action of the court below in admitting certain matters in evidence offered in behalf of the plaintiff, and in rejecting others offered in behalf of the defendant, and in certain instructions to the jury, brought a writ of error to this court.

L. C. Burr, for plaintiff in error.

T. M. Marquett, for defendant in error.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.