City of Knoxville v. Baker

Plaintiff below, Billie D. Baker, aged seven years, suing by next friend, instituted this suit against the City of Knoxville to recover for alleged personal injuries sustained as the result of plaintiff tripping over a water cutoff located from eighteen inches to twenty-one inches from the edge of the sidewalk along North Central Avenue.

At the conclusion of plaintiff’s proof in chief, the City of Knoxville moved the court for a directed verdict in its favor. This motion was overruled. The City declined to introduce any proof and the case was submitted to the jury with the result that a…