City of Martinsville v. Winscott

This was an action by the appellee against the City of Martinsville for damages for in juries sustained when the appellee fell into a manhole in one of the city sewers because of a defective covering. The case was submitted to a jury for trial which returned a verdict in favor of the appellee in the sum of $750.00. The court rendered judgment on this verdict and a motion for a new trial was filed and overruled and this appeal has been taken.

The appellant assigns as error, first, that the court erred in giving to the jury Instruction No. 43; second, that the court erred in refusing to give to…