Walters v. Village of Exeter

This is an action for personal injuries caused, as alleged, by the defendant’s negligence. The defendant prevailed, and the plaintiff appeals.

The proof shows that the defendant in constructing its streets created a basin about 15 feet wide and 20 feet in length along the outer edge of a sidewalk near the intersection of two streets. The evidence is conflicting concerning the depth of this sag. One witness testifies that it was 16 inches in depth near the center of the tract, whereas other witnesses swore it was not more than á or 6 inches deep. There is testimony tending to sIioav that a…