Perry v. City of Cumberland

Clay, Commissioner

Affirming.

Appellant suffered a fractured ankle when she fell into an open culvert neai* the traveled portion of state highway 119 in the City of Cumberland. On the first trial of her suit against the City, the jury awarded $5,000 damages. This verdict was set aside by the trial Court as excessive. At the conclusion of the evidence on a new trial, a verdict was directed for the City. On this appeal appellant insists the last judgment should be reversed and the first reinstated.

The accident occurred after dark near the intersection of state highway 119 and Martin Street in…