City of Newport v. McElwee

Opinion op the Court by

Creal, Commissioner

Affirming.

diaries McElwee recovered judgment against tbe city of Newport for $12,500 for personal injuries sustained when be fell upon a street of tbe city, and tbe city bas appealed.

Tbe petition alleged that bis fall was due to tbe dangerous and unsafe condition of tbe street, wbicb condition was known, or could have been known, by tbe officials of tbe city by the exercise of ordinary and reasonable care.

Tbe answer consists of a general denial, and as an affirmative defense a plea of contributory negligence. A reply controverting tbe affirmative…