Town of Boswell v. Wakley

The appellee sued the appellant to recover damages, which he alleged in his complaint he had sustained through defendant’s negligence in suffering one of its plank sidewalks, running east and west, to be and remain out of repair, the same being constructed by nailing inch boards across three stringers lying on the sidewalk lengthwise; that the stringers had become rotten to such an extent that they would not hold nails; that the plank or boards in many places were not fastened. at all to said stringers because of the nails rotting off, or else coming loose from the rotten boards and timbers.…