City of South Bend v. Hardy

Black, C.

The appellant was sued by the appellee to recover damages for his personal injury, caused through the negligence of the appellant, by a defect in a sidewalk, over which the appellee was passing at night. There was an answer of general denial.

Two questions embraced in a motion for a new trial made by the appellant, the overruling of which is assigned as error, are presented by counsel for our consideration. The first relates to the exclusion of certain evidence; the second,, to the giving of the eleventh instruction to the jury.

The plaintiff testified as a witness jn his own behalf.…