Jackson v. City of Grand Forks
North Dakota Supreme Court
Appeal from tbe District Court for Grand Forks County; Templeton, J. Action against tbe City to recover damages resulting from personal injuries sustained in slipping and falling on an icy sidewalk. Judgment for plaintiff. Defendant appeals. Two separate actions were brought in tbe district court of Grand Forks county against tbe City of Grand Forks, — one by Lena Jackson, and tbe other by J. W. Jackson, her husband.
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Appeal from tbe District Court for Grand Forks County; Templeton, J. Action against tbe City to recover damages resulting from personal injuries sustained in slipping and falling on an icy sidewalk. Judgment for plaintiff. Defendant appeals. Two separate actions were brought in tbe district court of Grand Forks county against tbe City of Grand Forks, — one by Lena Jackson, and tbe other by J. W. Jackson, her husband. One was to recover damages for personal injuries sustained, and tbe other was an action by tbe husband to recover for tbe loss of tbe services of bis wife, medical expenses,…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Counsel for defendant and appellant' urges that the proof shows contributory negligence on the part of the plaintiff, as a matter of law. We cannot, and do not, so hold. He urges that “the testimony discloses that she (the plaintiff) traveled over the walk almost daily, and was aware of its condition with reference to the accumulation of snow and ice. During the afternoon she had traveled over this sidewalk and had noticed its condition, and knew that several inches of snow covered the ice beneath. She could have avoided passing over this portion of the…
2Cases cited49 opinions
- Lincoln v. PowerSupreme Court of the United States · 1894
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Richter v. HarperMichigan Supreme Court · 1893
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3Cited by1 opinion
- Booke & Olson v. PayneNorth Dakota Supreme Court · 1921