Nestor v. City of Fall River

This is an action of tort for personal injuries from-an alleged defect in the sidewalk of a public street in the defendant city. There was a verdict for the plaintiff, and the case is here on the defendant’s exceptions. If the plaintiff is entitled to recover at all there is also a further question affecting the amount, namely, the' right of the plaintiff or her father to recover for medical expenses.

The defect complained of was a loose and rotten root of a tree which stood in the sidewalk, and which the testimony tended to show had stood there for sixty years or upwards and which therefore…