Smith v. City of Bluefield

Riley, President:

This is an action by Maude V. Smith to recover damages for personal injuries alleged to have been sustained by reason of a sidewalk being out of repair. The defendant, City of Bluefield, prosecutes error to a judgment, based on a jury verdict against it in the amount of $2,716.75.

A preliminary question was raised on special plea and demurrer to the amended declaration regarding the State Road Commission’s responsibility, if any, for the upkeep of the sidewalk. It is contended on behalf of the city that the action of the road commissioner, designating Federal Street as a part…