Smith v. City of Rosedale

The plaintiff recovered judgment against the defendant for $900 on account of injuries sustained by a fall from a sidewalk. There was sufficient evidence of negligence on the part of the city to sustain the verdict.

A number of the claims of error are based upon alleged defects in the petition. On the trial the petition was amended by leave of the court, and if there were any defective averments the amendment cured them.

In answer to a hypothetical question a physician was permitted to testify as to the probable effect upon a girl of the plaintiff’s age - in falling violently upon her knee a…