Fitzgerald v. Village of Bovey

These two personal injury actions were tried jointly, separate verdicts returned and judgments entered thereon, from which defendant appeals.

Second avenue, a paved street in the village of Bovey, runs north and south and is intersected by Fourth street, unpaved, running east and west. The width of the Second avenue’ pavement is 41 feet 2 inches between curbs. West of the intersection Fourth street was used but little. Near the center of the intersection of these two streets, close to a cover over a sewer manhole, the village had placed and maintained a circular, metallic plate or marker,…