Floyd v. Town of Lake City

Legge, Justice.

In this action by a pedestrian against a municipality, under Code 1952, Section 47-70, for personal injuries sustained when a manhole cover, located in the grassplot between the sidewalk and the curb of a street, turned as she stepped on it, the jury found for the plaintiff. The municipality appeals, contending:

1. That there was no proof of actionable negligence;

2. That the evidence showed that the plaintiff was guilty of contributory negligence as a matter of law; and

3. That the trial judge erred in ruling: (a) that the grass-plot was part of the street within the meaning of…