113 Ky. 597 | Ky. Ct. App. | 1902
Opinion of the court by
Affirming}.
The appellee, Motelle Moring, a girl of 12 years of age, brought this suit by next friend to recover damages for injuries alleged to have resulted from a fall caused by a loose plank in the sidewalk on Front street, in the city of Wiekliffe. She testified that whilst coming from school with one of her companions she met a colored woman, who stepped upon one end of a loose plank in the sidewalk as she stepped upon the other end; that the plank flew up, caught her leg, and threw her down. She also testified ■ that there were three or four loose planks in the sidewalk near ihe one which threw her down; that, as a result, her spine was seriously hurt. Her statements ai;e fully corroborated by her companion, G-racie Bayne. And there is testimony to the effect that this defect in the sidewalk had existed for some time, although the mayor, street superintendent, and other officials of the city testified that they were not aware that such condition existed. The trial court gave to the jury the following instructions, which fairly and correctly state the law; “If the jury believe from the evidence that defendant’s sidewalk, at the time and place at which plaintiff claims to have been hurt was not in a reasonably safe condition and repair for use by the public, and that she was injured by reason thereof, and that the defendant, City of Wiekliffe, through its mayor or councilmen or street commissioner, had knowledge or notice of such unsafe condition of said sidewalk, or might have had knowledge or notice by the use of ordinary diligence on the part of such officers, and that a
Judgment affirmed.