Harbin v. Smith

Plaintiff sued in an action of damages for personal injuries caused by a defect in tlie sidewalk fronting defendant’s property in the city of Chattanooga. It is charged in the declaration that the defendant maintained the sidewalk in such manner that roots of trees between the sidewalk and curbing spread beneath the concrete surface of the walk and elevated one of the sections of concrete about two inches above the other, thus producing an obstruction against which plaintiff stumbled, fell, and was injured.

The declaration contained two counts. The first charged negligence upon the theory that…