Wilson v. City of Elkins

PoFFENBARGER, JUDGE :. In this action for damages consequent upon a personal injury occasioned by a defect in a city street, the principal defenses are that the defendant exercised reasonable care both in the repair work to which the defect was incident and in warning as to its existence, and that the, plaintiff sustained no actionable injury, or, if any, not enough to justify the verdict for $1,000.00, which the jury awarded him.

The defect was a soft place in an unpaved street, large enough for a wagon wheel to drop into and deep enough to cause a wagon to upset, in the event of the dropping…