Bowen v. City of Huntington

English, Judge :

This was an action of trespass on the case brought by Dyke Bowen against the city of Huntington, in the Circuit Court of Cabell county, for the recovery of damages for injuries alleged to have been sustained by the plaintiff" in consequence of an excavation in one of the defendant’s sidewalks, which caused a steep and perpendicular descent and fall of nearly two feet in depth in said sidewalk, within the corporate limits of the defendant. The defendant demurred to the declaration, which demurrer the court overruled, and the defendant pleaded not guilty. The issue was submitted…