City of Englewood v. Bryant

Defendant in error is hereinafter referred to as plaintiff, and plaintiff in error as the city.

Plaintiff brought this action against the city claiming damages in the sum of $400' for medical attendance, hospitalization and nursing, plus $5,000 for physical injuries, pain and suffering, all occasioned by a fall on a defective sidewalk. On a verdict in her favor for $2,700 judgment was entered. To review that judgment the city prosecutes this wri t. The thirteen assignments are argued under two propositions: (1) The refusal of the court to instruct on mitigation of damages due to plaintiff’s…