City of Ardmore v. Fowler

Opinion by

WATTS, C.

Defendant in error, Fowler, sued the plaintiff in error, city of Ardmore, in the district court, Carter county, to recover damages sustained by reason of defects in the street while engaged in his duties as fireman. Issues were joined and the case tried to the court and jury, which resulted in a verdict and judgment for Fowler for.$800, from which the city ap-. peals, assigning and relying on the following as error:

First. In overruling the demurrer to the plaintiff’s petition.

Second. In refusing to sustain motion to withdraw the case from the jury and render judgment in…