Bailey v. Smith

The opinion of the Court was delivered by

Mr. Acting Associate Justice Jas. W. Johnson.

This is an action for damages, actual and punitive, plaintiff alleges he has sustained on account of the wrongful acts of defendants. The case was tried before Judge M. L. Bonham and a jury, February, 1924, and resulted in a verdict for plaintiff against defendant Smith for $400. The allegations of the complaint, material to the questions involved, are as follows:

“■(2) That on or about the 7th day of May, 1923, while the plaintiff was in and upon the sidewalk paving of Gervais Street, a public street and…