Stephenson v. Service Supply Corp.

Opinion by

Reno, J.,

In trespass for an injury sustained upon an alleged defective sidewalk the jury returned a verdict for plaintiff for $394.. The court,en banc dismissed defendant’s motion for judgment n. o. v., and sua sponte granted a new trial. On its appeal defendant contends that it is entitled to judgment and that the court abused its discretion in awarding a. new trial. The order will be affirmed.

The sidewalk had been laid about two weeks before the accident. It was constructed of cement, with expansion strips, filled with asphalt, three-eighths of- an inch wide, four inches deep and…