Opinion
Decided July 16, 1923.
This was an action brought by the plaintiff against the town of Farmington to recover damages for personal injuries alleged to have been received on account of a defect in the sidewalk which it was the duty of the defendant town to keep in repair. The alleged defect was caused by a broken plank in the sidewalk, and the only question in controversy in the case is the date when the plank was broken and when the twenty-four hour notice of the defect was communicated to one of the selectmen.
The case involved pure questions of fact. The evidence was contradictory upon the vital issue. The finding of the jury depended absolutely upon whether the jury believed the evidence of the plaintiff and her witnesses or of the defendants and their witnesses. The plaintiff and her husband both testified squarely that the plank was broken before Monday, October 24th, the day upon which the defendants claim that the plank was broken and the notice given. The jury saw and heard all the parties and decided the case in favor of plaintiff, and we are unable to discover any reason why the province of the jury in determining the issue between the parties should be interfered with. Motion overruled.
Benjamin L. Berman, Jacob H. Berman and William H. Hines, for plaintiff.
Frank J. Butler and Sumner P. Mills, for defendants.