McGandy v. City of Marshall

Olsen, C.

Plaintiff was injured by a fall upon a sidewalk in the city of Marshall and brings this action to recover damages on the ground of the alleged negligence of the city in failing to keep the sidewalk in a reasonably safe condition of repair. Plaintiff recovered a verdict, and defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict or, if that be denied, then for a new trial.

The appeal presents two questions for review: (1) whether the defect in the walk which caused the accident was of such a character as to justify the jury in finding…