City of Florence v. Stack

GOODWYN, Justice.

Suit against the City of Florence to recover damages for personal injuries allegedly received by plaintiff when the two-wheeled motor scooter he was riding “ran upon, in, over or on a defect, hole, cut, ditch, or excavation” in -the paved surface of a public street, known as Old.Jackson Road, located in said city. The jury returned a verdict in favor of plaintiff and judgment followed the verdict. The city prosecutes, this appeal from said judgment and also* from the judgment overruling its motion for a new trial.

The basic question presented is whether a city’s duty to…