City of Colorado Springs v. Phillips

The City of Colorado Springs brings error against Sophia Phillips, who recovered a judgment against that municipality for the death of her husband by a fall on the sidewalk. The case is before us on motion for supersedeas. The judgment must be reversed on the ground that the evidence does not justify the verdict.

The sidewalk in question was composed of concrete blocks, 30 inches square, and was three blocks, that is 90 inches, in its total width. There is evidence which we must take as true that the transverse edge of a middle block projected above the sidewalk perhaps two inches. The husband…