Smith v. Mabrey

James H. Smith filed this suit as the natural guardian of Wanda Louise Smith, his minor daughter, to recover $20,000 in damages from the defendant city for personal injuries sustained by Wanda when she was struck by a motor car driven by defendant Mabrey. At the close of plaintiff's evidence the trial court sustained a demurrer filed by the city, and from the judgment entered plaintiff appealed.

Plaintiff's theory of the city's liability is, that the city failed to maintain a reasonably safe sidewalk on the west side of North Main street, which, it is alleged, forced Wanda to attempt to cross…