Kelly v. City of Springfield

In this action of tort to recover for injuries sustained when she fell on a public sidewalk, the plaintiff had a verdict. The case comes here on the defendant’s exception to the denial of its motion for a directed verdict.

The sole ground urged by the defendant in support of its exception is that the evidence would not warrant a finding that it knew or in the exercise of proper care and diligence ought to have known of the defect in time to have remedied it. We shall confine our decision to this question. A summary of the evidence bearing on this point is as follows: The accident happened on…