Roth v. City of Moundsville

Kenna, President:

In an action of trespass on the case brought by Aubra Roth against the City of Moundsville, the Circuit Court of Marshall County, at the end of the plaintiff’s proof, directed a verdict for the defendant. To the judgment of nil capiat the plaintiff prosecutes this writ of error.

Viewing the evidence, as we must for the purposes of this review, most favorably to the plaintiff, we find that she was injured on the evening of January 3, 1931, at about seven-thirty by stumbling over a slab in the concrete sidewalk on Fifth Street in the City of Moundsville. The block was six feet…