Reference

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Published

Syllabus

Negligence — Municipality—Defective street — Contributory negligence— Case for jury. In an action against a city to recover damages for personal injuries, it appeared that the plaintiff while walking at night on a street stepped into a hole or depression, apparently a cover of a water box which had sunk several inches, and was an obstruction in the line of travel. Plaintiff was not clear as to the cause of her fall, but said: “My foot went in and I fell.” Her companions inspected the spot immediately and were more explicit in their description. As to whether she was looking she said that she was just looking the way she walked. Held, that the question of defendant’s negligence and plaintiff’s contributory negligence was for the jury, and that a verdict and judgment for plaintiff should be sustained.