Cummings v. Henninger

JONES, Superior Judge.

On December 13, 1922, the plaintiff below (appellee here) tripped and fell to his severe injury while walking on a board sidewalk abutting the premises of the defendant Cummings (appellant here) and one Oskar Gast on Allen Street in Tombstone, Arizona. Thereafter he brought an action against Cummings, Gast, and the city to recover damages for his injuries. Gast and the city were exonerated by the court. The case against the appellant was tried before a jury, and resulted in a verdict for the plaintiff in a substantial amount. From the judgment entered thereon, this…