Dempsey v. City of Rome

Dempsey sued the city for personal injuries. At the conclusion of his evidence, defendant moved for a non-suit upon the grounds that there was no evidence showing the city had notice of the defect in the sidewalk, or *421was guilty of negligence causing the injury; and that the evidence showed that plaintiff, by the exercise of ordinary care and diligence, could have avoided the injury. The nonsuit was granted.

Plaintiff testified: About seven or eight o’clock on the night of December 13, 1891, while walking down Broad street, the most public street in Rome, his foot was caught in a hole in a…