City of Tallahassee v. Coles

Hattie L. Coles sued the City of Tallahassee to recover for painful injuries alleged to have been suffered by her when she stumbled and fell, because of a defect in the street, as she alighted from an automobile and attempted to walk to a house near by. She alleged in her declaration that she was, at the time, “exercising due care and caution for her own safety” and that the unsafe and dangerous condition of the street was known or should have been known to the defendant “for many weeks prior to, up to and including the 5th day of September, A. D. 1940,” the date of the accident.

Issue was…