Ripper v. City of Canton

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for injuries sustained by plaintiff in falling into an uncovered catch basin in a gutter in a street of the city. At the close of the introduction of evidence the plaintiff moved the trial court for a directed verdict for the reason the entire evidence established that the city was guilty of negligence causing plaintiff’s injuries, and that the evidence failed to show any contributory negligence on the part of the plaintiff. The trial court sustained the motion and submitted to the jury only the amount…