Mr. Justice DAVIS delivered the opinion of the court.
It is argued by the plaintiff in error that the defect in the street was so recent that the city could not be deemed to have constructive notice; and, as no actual notice was proved, no liability could attach. But, as this question is not presented by the record, we are not called upon to discuss it, and to declare under what circumstances the city could be exonerated from liability for damages by reason of defective...
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