Village of Lebanon v. Schwartz

Jones, E. H., J.

The defendant in error, Mary A. Schwartz, recovered a judgment against plaintiff in error, the village of Lebanon, in the court below on account of personal injuries received by her from slipping upon an alleged defective sidewalk.

We are of the opinion that the trial court erred to the prejudice of plaintiff in error by failing to instruct the jury that the evidence as to a change in the sidewalk in question caused by the hauling of gravel and by labor performed at the point where the accident occurred, and admitted over the objection of plaintiff in error, was only competent…