Carter v. Town of Lineville

Dbemer, J. —

That defendant was negligent in failing to keep the sidewalk upon which plaintiff was injured in proper repair is beyond the pale of reasonable discussion. Plaintiff testified, however, that she knew the condition of the walk, and that it was dangerous; but she also testified that all the other walks which she might have taken to reach her destination were also out of repair and dangerous. *533Whether or not she should have gone out into the street, and avoided all the walks, was a question of fact for the jury. The evidence is not such as to justify us in holding as a matter of law…