Mockler v. City of Stillwater

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying plaintiff’s motion for a new trial.

Plaintiff, a single woman, 57 years of age, who owns and operates a beauty parlor in downtown Stillwater, was walking along Churchill Street in that city on June 7,1954, on her way to her niece’s residence. She stumbled on a raise of approximately one inch in the sidewalk edge and received injuries. She testified that she did not see the defect in the sidewalk before the accident nor had she any prior knowledge of the defect. The sidewalk was clear and unobstructed at the time the…