Gibbons v. Fitzpatrick

This is an action of trespass on the case brought °by the plaintiff against the city of Providence for injuries alleged to have been suffered by him from being struck by a piece of coping or metal beading which fell from the city hall while he was walking along the sidewalk on Dorrance street, a public highway in said city.

The plaintiff in his writ and declaration has described his action as “trespass on the case for negligence” but his counsel argues that the facts which he alleges in his declaration constitute a nuisance. He alleges that “on the said 8th day of July, A. D. 1931, said City…