Town of Westerville v. Freeman

Suit by Mrs. Sarah J. Freeman, with whom her husband, Blackstone Freeman, joined, to recover dam*256ages by Mrs. Freeman for injuries she received from falling into an excavation made in one of the streets of said town. Damages claimed, ten thousand dollars.

Issue; trial by jury; verdict for the plaintiffs for four thousand dollars; new trial granted. The second trial resulted in a verdict for the plaintiffs for two thousand dollars.

Motion for a new trial overruled, and judgment on the verdict.

The error properly assigned in this court is the overruling of the motion for a new trial.

The reasons for…