22.02 [1995 Revision] Verdict Directing-Dangerous Condition Near Public Thoroughfare

Instruction No 1 22.02 [1995 Revision] Verdict Directing--Dangerous Condition Near Public Thoroughfare Your verdict must be for plaintiff if you believe: First, defendant [created] [maintained] an [excavation] [or describe other artificial condition such as "a junk yard where broken glass, bottles, jars, and jugs were kept" ], close to a public [sidewalk] [alley] [street], and Second, that such [excavation] [ (or other artificial condition described) ] was so close to a public [sidewalk] [alley] [street] that persons using the [sidewalk] [alley] [street] would be exposed to an unreasonable risk of falling [into] [onto] the [excavation] [ (or other artificial condition described) ], and Third, defendant knew or by using ordinary care could have known of such danger, and Fourth, defendant failed to use ordinary care to [barricade it] [warn of it] [remove it], and Fifth, as a direct result of such failure plaintiff sustained damage. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction) ].