Municipal corporation cases annotated Volume 6; A collection of all cases affecting municipal corporations decided by the courts of last resort in the United States

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 Excerpt: ...ante, p. 421. tributory negligence. The evidence taken in the court below is not returned to this court, and the assignments of error all refer to alleged erroneous instructions to the jury. It is not claimed that the verdict is not sustained by the evidence, but it is contended that the errors complained of with respect to the charge to the jury were prejudicial to plaintiff, and that anew trial should be granted. It is not necessary to make special or separate reference to all the assignments of error, some of which are of such minor consequence as to require no notice at all. There was evidence tending to show that another person had fallen into the sewer trench the same evening plaintiff received his injury, and with reference to this evidence the court charged the jury not to take into consideration the accident to such other person. Plaintiff complains of this, and contends that the evidence of the accident to the other person was competent, and should not have been thus withdrawn from the consideration of the jury. The trial court was right. The fact was wholly irrelevant and immaterial, tended in no degree to show that the place were plaintiff fell into the trench was dangerous, unguarded, or unprotected, nor did it tend to show notice to the city, for it occurred at about the time of plaintiff's accident. The evidence was wholly unlike that in the case of Morse v. Railway Co., 30 Minn. 467, 16 N. W. 358. In that case it was shown that other engines and cars missed the track at about the point where the accident complained of happened, and tended to show that the railroad track was defective at that point. The fact that another person fell into the trench in question in the case at bar (whether at the point where plaintiff fell in or not does not ap...