City of Dayton v. Lory

Opinion op the Court by

Judge Hurt.

Affirming.

*95On the west side of Berry street, in the city of Dayton, there is a cement side walk,' which is eleven feet in width. It is composed of two rows of cement blocks,'which are about thirty-six inches in width and five and one-half feet in length, and the ends of the blocks, in forming the sidewalk, come together in its center. One of these, blocks tilted up at one comer, in the center of the sidewalk, to the height of from one and one-half inches to five inches above the level of the sidewalk. The evidence given upon the trial for the appellee, Mary A.…