Blackburn v. City of Miamisburg

OPINION.

By HORNBECK,. PJ..

This is an appeal on questions of law from á judgment in behalf of the defendant entered upon an instructed verdict of the jury. .

The action, was for damages for personal injuries suffered by plaintiff by reason of a nuisance, which it was claimed defendant had permitted to exist in a sidewalk of vhe defendant city and of which it had actual and con-, structive notice.

Specifically it was alleged that, on the south side of East Pearl Street, and immediately east of Sixth Street in the City of Miamisburg, said defendant constructed and maintained a catch, basin, in…