City of Nicholasville v. Scott

STEWART, Judge.

This appeal is from a judgment awarding Ruth Scott damages of $5000 against the City of Nicholasville (herein referred to as “the city”) for personal injuries she suffered in falling on a city sidewalk.

The city claims: (1) It was not negligent in the maintenance of the particular sidewalk; and (2) the injured person failed to exercise proper care to avoid the accident.

Appellee is a practical nurse, 59 years of age, who has resided in Nicholasville for 35 years. On October 13, 1962, she was walking south on the west side of South Second Street in the above city. When…