This section contains the nature of the case and procedural background.

P claimed that he was injured by tripping and falling over an obstruction placed on the sidewalk by D in front of D's place of business in Denver. The obstruction consisted of an iron pipe in the flagging of the sidewalk about six inches from the curb. The pipe was three inches high with an arm three inches in length, making what is known as a gooseneck and it was used to inflate bicycle and automobile tires. During trial, P offered evidence that others had tripped over the gooseneck. The court allowed the evidence to establish as a substantive fact, that the gooseneck extended such a distance onto the sidewalk, that a man's foot would strike against it. The evidence was admitted. The trial resulted in a verdict for P and D appealed.

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