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CITY OF DAYTON v. THOMPSON

372 S.W.2d 407 (1963)

CITY OF DAYTON, Kentucky, Appellant, v. Richard A. THOMPSON, Appellee.

Court of Appeals of Kentucky.

November 8, 1963.

Attorney(s) appearing for the Case

Davies & Hirschfeld, Newport, Charles E. Graham, Dayton, for appellant.

A. J. Jolly, Newport, for appellee.

PALMORE, Judge.

The appellee Thompson was injured when he fell into an excavation while walking at night on a public sidewalk in front of the home of one Ryder and wife in the city of Dayton, Kentucky. In his ensuing action for damages a jury trial resulted in a $6,000 verdict and judgment against the city and the Ryders. The city appeals, claiming (1) the excavation had not existed long enough to sustain a case of constructive notice and (2) Thompson was contributorily...

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