Falatovitch v. City of Clinton

Plaintiff’s evidence tends to show:

On Saturday, April 22, 1961, about 10:00 a.m., in leaving Clinton Appliance and Furniture Company, plaintiff stepped off the bottom step “into a hole about 10 inches long and about 6 inches wide, turned over (her) -foot, and fell broadside.” It was an “old hole” in the cement sidewalk. A witness who described the “crack” as “10 inches long and three or four inches wide” testified it had existed to his knowledge more than three years. It was filled with dirt, sand and trash and was “level with the street” (sidewalk).

Plaintiff had not noticed the -defective…