City of Evansville v. Frazer

The appellee recovered judgment against the appellant for damages because of personal injuries suffered by the appellee from his falling upon the sidewalk of a public street, alleged to be defective through appellant’s negligence.

The appellant attacks the complaint by assignment that it does not state facts sufficient to constitute a cause of action. By way of argument in support of this assignment, it is conceded that the rule in this State applicable to cities and towns is that they are required to exercise ordinary diligence to keep the streets and sidewalks therein “in a reasonably safe…