Shields v. Larry Construction Co.

Opinion by

Mr. Justice Chidsey,

The plaintiff, Lawrence A. Shields,- instituted an action in; .trespass', against Larry- Construction - Com*584pany, Inc. to recover damages for personal injuries sustained when he fell into a hole allegedly created and negligently left unguarded by the defendant on a street pathway used by the public. The jury found a verdict for plaintiff in the sum of $35,000. Defendant appeals from the judgment entered on the verdict following dismissal of its motion for new trial.

The accident occurred at 3 a.m. on Sunday, July 13, 1947, at or near the southwest corner of the…