City of Beardstown v. Smith

Mr.’ Justice Bailey

delivered the opinion of the Court:

This was an action on the case, brought by Lou Smith against the city of Beardstown, to recover damages for a personal injury received by the plaintiff in consequence of falling into an open ditch or drain in Adams street, one of the public streets of the city. The defendant pleaded not guilty, and at the trial the jury found the defendant guilty and assessed the plaintiff’s damages at §2250, and for that sum and costs the plaintiff had judgment. That judgment was affirmed by the Appellate Court on appeal, and this appeal is from the…