Jones v. City of Columbus

HOLMES, Circuit Judge.

This is an action by appellant to recover damages for personal injuries sustained'by her while a pedestrian on a public sidewalk in the City of Columbus, Mississippi. On the trial below, at the close of the plaintiff’s testimony, the court gave a peremptory instruction to the jury to find a verdict for the defendant. This appeal challenges the correctness of that ruling.

The evidence shows that the accident occurred after dark at a place on the sidewalk where there was a precipitous drop of twelve inches. The appellant testified that she was proceeding carefully but did…