Smith v. City of Aberdeen

Defendant, the City of Aberdeen, appeals from a judgment entered pursuant to a jury verdict for the plaintiff, Wilma Smith, in the sum of $14,000 for personal injuries.

The appeal raises two issues: (1) Was the plaintiff’s evidence sufficient to support the verdict? (2) Did the trial court properly instruct the jury? We find the evidence sufficient, but the instructions improper.

At about 10 p.m. on April 23, 1969, Mrs. Smith was walking down Park Street in the city of Aberdeen. She had never before walked on this particular sidewalk. She tripped on a 1-inch offset in the sidewalk and fell. The…