City of Tallahassee v. Hawes

This action grows out of an injury to the defendant in error, resulting from the falling upon him of an awning, erected over a sidewalk along which the defendant in error was walking. The principle upon which it is contended that the city is liable is, that it was the city’s duty to use proper care to guard the sidewalk from dangers *129which existed by the city’s consent; that the omission to nse such care by the city constitutes negligence upon its part, for which it must respond in damages for an injury to any one caused proximately by such negligence.

The declaration is in three counts. The…