Ponca City v. Swayne

The defendant in error, who was plaintiff below, will be referred to herein as plaintiff. The plaintiff in error, the defendant below, will be referred to as defendant, or as the city.

Plaintiff sued the city for personal injuries caused from an alleged defect-in a sidewalk on one of its principal streets. The accident occurred on the east side of Second street, just south of the alley between Central and Grand avenues. It appears that the sidewalk at this point is about nine feet wide; that the alley, slop ing down towards the gutter at the edge of the street, made the pavement of the alley…