Fannie Schutzer and Louis Schutzer v. City Miami

The appellants sued the City of Miami for personal injuries allegedly sustained by the appellant, Fannie Schutzer, when she fell after catching her shoe in a crack in a sidewalk maintained by the appellee. The appellee was charged with failure to maintain the sidewalk in a reasonably safe condition. The appellee answered, denying the allegation of negligence and interposing the affirmative defense of contributory negligence. The cause proceeded to trial upon the issues made by the complaint and answer. At the conclusion of appellants case, and upon appellees motion, the court directed a verdict in favor of the appellee upon the basis that no liability had been established.