City of Cynthiana v. Sersion

Opinion of the Court by

Stanley, Commissioner

Affirming.

The appellee, Miss Mary Sersion, an elderly lady, in the late evening of December 28, 1932, stepped in a hole in the sidewalk in Cynthiana, which caused her to-fall and break her hip. 'This resulted in extended and extreme suffering and permanent injury. -She recovered a judgment for $1,644.95, of which. $644.95 were-her expenses. A reversal is asked only on the ground, that the city was entitled to a peremptory instruction. This is based on the view that the defect in the sidewalk was so slight as not to constitute negligence.

The concrete…