Martin v. City of Columbus

The opinion of the court was delivered by

Burch, J.:

The action was one for damages resulting from personal injuries sustained through neglect of the city to repair its streets. A general verdict was returned for the plaintiff. With the verdict the jury returned special findings of fact. The defendant moved for judgment in its favor on the special findings. The motion was denied and the defendant appeals.

As the result of a previous trial judgment was entered for the plaintiff. On appeal the judgment was reversed for failure of proof to sustain a material allegation of the petition. (Martin v.…