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eBook details

• Title: Pias v. City Racine
• Author : Supreme Court of Wisconsin
• Release Date : January 31, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Action by plaintiff Mildred Pias against defendant City of Racine to recover damages for injuries sustained in a fall allegedly
caused by a defective sidewalk. After the parties had rested defendant moved for a directed verdict; the court reserved its
ruling on the motion and submitted the case to the jury which returned a verdict favorable to plaintiff. Thereafter the court
granted defendant's motion for a directed verdict, and from a judgment dismissing the complaint, plaintiff appeals. The sidewalk in question is located west of an old vehicular bridge now open for pedestrian use only. The westerly exit from
the bridge consists of a wooden sidewalk which adjoins the concrete and asphalt sidewalk upon which plaintiff fell. The wooden
section is supported by a large timber which projects under the north half of the adjoining concrete section, raising the
north edge of the concrete to a transverse lateral pitch of approximately twenty per cent. The slabs thus affected are broken
longitudinally and an asphalt surface was applied to the south half of both blocks which are involved here. In about the center
of the walk at a point where the two slabs abut each other, there is a depression, or a difference in elevation, of one and
seven-eighths inches. We are printing herewith a copy of plaintiff's exhibit 1 which shows the condition of the sidewalk better
than words can describe it.

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