Trites v. City of Melrose

The plaintiff, while on her way to work at about 9:30 a.m. on March 8,1941, fell upon the sidewalk of a public way, sustaining personal injuries for which a jury has awarded her damages in the sum of $3,000. The defendant excepted to the denial of a motion for a directed verdict.

The sidewalk was composed of cement blocks. There was evidence that a piece was missing from one of these blocks where it adjoined the next or southerly block, leaving *379a hole three and one half inches wide across the sidewalk, three inches in length along the sidewalk, and one and one half inches deep. The jury could…