PERRY v. CITY OF CUMBERLAND


227 S.W.2d 411 (1950)

312 Ky. 375

PERRY v. CITY OF CUMBERLAND.

Court of Appeals of Kentucky.

Rehearing Denied March 24, 1950.


Attorney(s) appearing for the Case

Astor Hogg, Harlan, J. S. Greene, Jr., Harlan, for appellant.

J. K. Beasley, Harlan, James Sampson, Harlan, for appellee.


CLAY, Commissioner.

Appellant suffered a fractured ankle when she fell into an open culvert near the traveled portion of state highway 119 in the City of Cumberland. On the first trial of her suit against the City, the jury awarded $5,000 damages. This verdict was set aside by the trial Court as excessive. At the conclusion of the evidence on a new trial, a verdict was directed for the City. On this appeal appellant insists the last judgment should be reversed and...

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