Sutton v. City of Frankfort

CLAY, Commissioner.

Plaintiff appellant suffered personal injuries when she fell while crossing Main Street in the City of Frankfort. She appeals from a judgment on a directed verdict for the City.

The mishap occurred in the evening, after dark, on Frankfort’s principal thoroughfare. The cause of the fall was a slight step-off in the middle of the street, created by the City in the course of resurfacing when a strip of new asphalt had been laid laterally from the curbing on the south side to about the center of the street. It was two or three inches higher than the old surface. While crossing…