Allied Coal & Material Co. v. Moore

Action to recover damages for alleged personal injuries sustained by appellee when he fell into a sidewalk coalhole, alleged to have been negligently left open and unguarded by appellant. The issues tried were those tendered by the first and third paragraphs of amended complaint and the answer thereto in general denial. There was a verdict in favor of appellee for $3,500, upon which the court rendered judgment, from which this appeal, appellant assigning as error the court’s action in overruling appellant’s motion for a new trial, in overruling appellant’s motion to make the first paragraph…