113 Ky. 592 | Ky. Ct. App. | 1902
Opinion of tiie court by
Reversing.
Appellee, Manwaring, instituted this action to recover of the appellant, the city of Covington, damages for a persona! injury received by him while passing along the sidewalk on the east side of Greenup street; alleging that it was caused by the negligence of the city in allowing the sidewalk to be in a dangerous condition. On the trial of the case, a verdict and judgment were rendered in his favor for $500, and the defendant appeals.
We have found no conflict of authority on the subject, and under the universally recognized rule, which seems to us both just and sound, the plaintiff was not entitled to recover, and the peremptory instruction to find for the defendant should have been given, under' the evidence.
Judgment reversed, and cause remanded for further proceedings consistent with this opinion.