City of Dayton v. Thompson

PALMORE, Judge.

The appellee Thompson was injured when he fell into an excavation while walking at night on a public sidewalk in front of the home of one Ryder and wife in the city of Dayton, Kentucky. In his ensuing action for damages a jury trial resulted in a $6,000 verdict and judgment against the city and the Ryders. The city appeals, claiming (1) the excavation had not existed long enough to sustain a case of constructive notice and (2) Thompson was contributorily negligent as a matter of law.

The accident happened near 10:00 P.M. on May 22, 1957. Thompson’s wife’s niece, Janice Byland,…