McKormick v. City of West Bay City

Plaintiff recovered a judgment of $2,000 on account of injuries sustained by a fall through a hole in a sidewalk. Defendant brings error, and has assigned error upon a large number of rulings occurring on the trial, — in the admission of testimony, and on refusals of requests to charge preferred by defendant.

1. We think the contention that the proofs do not correspond to the allegations contained in the declaration as to the manner of the injury cannot be sustained. Nor do we think that there is force in the contention *267that, under the plea of the general issue, the allegation of due care and…