Roberts v. City of Fairborn

This is an appeal on questions of law from a judgment entered by the Common Pleas Court of Greene County on a verdict of a jury returned in favor of the plaintiff in the sum of $7,500.

Plaintiff sued the city of Fairborn for damages arising out of personal injuries which she suffered when, on a dark night, she fell into an open drainage ditch along a street in the city. Plaintiff’s action was based on negligence, in that the city failed to guard the ditch or erect barriers and failed to have the street lighted. The defendant, by way of defense, alleged that the street was free from nuisance…