Geringer v. Town of Marcus

We find it necessary to discuss only the one question whether a case of actionable negligence on the part of the defendant sufficient to go to the jury was made out'.

About 10 o’clock P. M., June 27, 1925, plaintiff, as she says, stepped in a hole in a sidewalk within a few steps of her home, fell, and sustained the injuries for which she seeks to recover damages. The precise question is whether the “hole” is shown to have been such that for the defendant to permit its existence with knowledge thereof may be said to be negligence. The plaintiff’s testimony is:

“I knew that hole was there, of…