City of Decatur v. Besten

Henry Besten, the appellee, recovered a judgment in the circuit court of Macon county, which has been affirmed in the Appellate Court, against the city of Decatur, the appellant, for §1000, in an action on the case for an injury received by him from a fall upon a defective sidewalk, resulting in a fracture of the knee-cap of his left leg, whereby he was made permanently lame.

It is insisted by appellant here that the trial court erred in giving, and refusing to give, certain instructions to the jury. The court instructed the jury that it was the duty of the city to keep its sidewalks within…