Evans v. City of Eufaula

BERRY, Justice:

Alma Evans and R. E. Evans [plaintiffs] brought this action against the City of Eufaula [the City] for damages allegedly sustained when Mrs. Evans tripped and fell on city’s sidewalk. At the close of all evidence the trial court sustained city’s demurrer to plaintiffs’ evidence. Plaintiffs appeal.

In the petition Mrs. Evans alleged the toe of her shoe caught in a crack in the sidewalk. As she was attempting to regain her balance she stepped into a cavity where the curbing had broken away and fell.

She testified she and her aunt drove into Eufaula, parked, and commenced walking…