Town of Cleveland v. Kimsey

Mrs. C. C. Kimsey brought a suit in the city court of Cleveland against the Town of Cleveland to recover damages alleged to have been done to her property located within the bounds of the municipality, by a change alleged to have been made by the municipality in the grade of one of its streets adjacent to the property. At the close of the plaintiff’s evidence upon the trial the court awarded a nonsuit. The plaintiff’s certiorari was sustained by the superior court, and the defendant • municipality excepted. Counsel for the plaintiff in error, apparently conceding that the case was otherwise…