Jones v. Western Auto Supply

BERRY, Justice.

The parties, who appear here in the same relative position as in the trial court, will be referred to herein as they appeared in said court. We note that the City of Hartshorne was made a party defendant below, but is not a party to this appeal.

In his second amended petition, hereafter referred to as “petition”, plaintiff alleged in substance that for many months preceding November 23, 1957, the sidewalk immediately north of a building owned or occupied by the defendants was in disrepair; that while his wife, Tennie Jones, was walking on the sidewalk on said date she stepped in…