City of Huntington v. Thomas

McMahan, J. —

This is an action by appellee against appellant for damages on account of injuries caused by reason of a defect in an alleged street. This is the second appeal in this case. See Thomas v. City of Hunt ington (1923), 80 Ind. App. 476, 141 N. E. 358, where the cause was reversed because of the failure to give an instruction requested by the plaintiff. On the second trial, there was a verdict tod judgment for the plaintiff. The defendant’s motion for a new trial was overruled and this appeal followed.

The only question which we need consider is appellant’s contention that the verdict…