Avant v. City of Memphis

The parties will be referred to as in the lower court, Martha Avant, plaintiff, and City of Memphis, defendant. Plaintiff sued the defendant for $5,000 damages alleged to have resulted by her falling into a hole in Texas Avenue in the City of Memphis about December 10, 1926. The declaration alleges that the notice of the injury and the defective condition of the street was given as required by the statute and delievered to the Hon. Rowlett Paine, the then Mayor of Memphis.

At the trial of the case a motion for a directed verdict in favor of the defendant was allowed by the trial judge. A…