City of Clearwater v. McClury

FUSSELL, CARROLL W., Associate Judge.

The City of Clearwater, defendant below, appeals from an order of the lower court granting a new trial specifying the giving of an erroneous instruction as the reason therefor.

The wife and husband were plaintiffs below in an action brought against the City of Clearwater by reason of injuries sustained to the wife’s leg when she stepped in a hole in a sidewalk in said city. Verdict was rendered for the plaintiffs and they moved for new trial, assigning six grounds, the fifth ground being for inadequacy of the verdict and the sixth ground for the giving of…