City of Paintsville v. Spears

Opinion of the Court’by

Stanley, Commissioner—

Affirming.

This appeal is from a judgment for $1,000 against the appellant, city-of Paintsville, in favor of Mrs. Lucy Spears, the appellee, for personal injuries sustained by her in March, 1930, by reason of a defective sidewalk.

A year or more before the accident, the city had put in a culvert and fill across Happy Hollow branch. A settling of the fill caused a separation in the concrete sidewalk and, though it was subsequently repaired, it later separated and formed a crevice about five or six inches wide and extended across the sidewalk. The…