City of Bloomington v. Tebballs

This was an action on the case by appellee against the appellant, to recover for injuries alleged to have been sustained by appellee in consequence of a fall caused by a defective street crossing. The appellee recovered a verdict for §2,500 and had judgment thereon with costs. The appellant assigns various errors which will be noticed in their order as they appear in the brief. It is first urged that there is a fatal variance between the declaration and the proof in this: It is alleged the defect in the crossing was caused by a plank or board being broken and decayed, and the broken or…