Enyeart v. City of Lincoln

This is an action in tort for damages sustained by plaintiff occasioned by a sidewalk alleged to be defectively constructed and maintained by the municipality wherein the same was situated. There was a verdict and judgment for plaintiff in the sum of $3,500, and from the order of the trial court overruling its motion for a new trial, the defendant city appeals.

The proof shows that plaintiff, on December 7, 1935, at 7:15 p. m., while in the exercise of proper care, stepped upon, slipped and fell on the steps leading from the public sidewalk which was above the level of Forty-fifth street, as…