City of Canton v. Dewey

Mr. Presiding Justice Harker

delivered the opinion of the Court.

This is an appeal from a judgment of $1,000, rendered against appellant in an action on the case brought by appellee to recover for injuries sustained by her in falling into a trench allowed to remain exposed on one of appellant’s streets, which was being paved.

It is contended, first, that the city was not guilty of negligence; second, that appellee was guilty of such con: tributory negligence on her part as to preclude a recovery.

The evidence in the record shows that while the city was grading and paving one of its principal…