Community Natural Gas Co. v. Henley

HUTCHESON, Circuit Judge.

This appeal is from a verdict and judgment finding appellant negligent in respect of a passageway through a pile of earth thrown up by it on the sidewalk and across a ditch which it had dug, along the east side of Sayles street at its intersection with Church. The grounds of negligence alleged were that, pursuant to its obligation and practice to provide foot passageways across the ditches which it dug in the course of its work, appellant had caused this one to be provided; or, if it had not done so, it knew, or in the exercise of ordinary care should have known, of…