Comforter v. City of Apalachicola

— The plaintiff in error brought an action against the defendant in error, wherein he sought to recover damages for injuries occasioned to himself, his horse and his saddle by reason of the alleged negligence of the defendant in error in permitting a certain designated street to become and remain in an unsafe and dangerous condition. The declaration contains two counts, to which the defendant filed two pleas, not guilty and contributory negligence. A trial was had before a jury and at the close of the evidence the defendant interposed a demurrer to the evidence which was sustained by the…