City of Shelbyville v. Brant

Mr. Justice .Wall

delivered the opinion of the Court

This is an appeal from a judgment for $800 on account of damages sustained by the plaintiff from a fall caused, by a defective sidewalk.

The plaintiff was no doubt injured quite severely in consequence of such an accident. It is not complained that the verdict was excessive. There seems to be no reasonable ground for saying that the plaintiff was not in the exercise of ordinary care, so that the question of fact is narrowed to the condition of the walk and whether the city had notice thereof. The walk was an old one, and out of repair at many…