Taphorn v. City of Cincinnati

The city water main under the sidewalk in front of plaintiffs ’ place of business, known as “Little Misses Sweet Shop,” at No. 2113% Beechmont Avenue, burst, flooding the basement and damaging equipment incident to their candy and ice cream business and other contents thereof. A judgment for plaintiffs entered on a jury verdict is the subject of this appeal on questions of law.

The principal error assigned is the failure of the court to grant defendant’s motions for judgment seasonably made during the trial and for judgment non obstante veredicto.

It is alleged that the main had become worn,…