Rowett v. City of North Adams

By the Court.

This is an action to recover compensation for injuries sustained by a pedestrian who fell in crossing a brick paved street through an alleged defect distant a foot or two from the curbing of the sidewalk. Testimony from the plaintiff was that the alleged defect was “a hole. . . . It was sunk down. A hole that my foot, my heel caught in”; and from other witnesses was that it was a “sunken brick,” “two small bricks . . . sunken in a little,” “the brick kind of broken up a little bit, kind of sunken in.” There was no testimony as to the area, depth, *51or other features of the so…