Legal Opinion

Davis v. City of Austin

Court of Appeals of Texas

Decided January 17, 1900PublishedCited by 7 opinions

Appeal from Travis. Tried below before Hon. F. G. Morris. The charge of the court upon the duty of the city was as follows: “It is not the duty of the city of Austin to, under all circumstances, keep its sidewalks free from every character of obstruction to the full extent of the sidewalks; but the question, whether in any case a sidewalk should be clear of obstruction for its'entire length, depends upon the further question, whether, as a matter of fact, it is reasonably…

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Appeal from Travis. Tried below before Hon. F. G. Morris. The charge of the court upon the duty of the city was as follows: “It is not the duty of the city of Austin to, under all circumstances, keep its sidewalks free from every character of obstruction to the full extent of the sidewalks; but the question, whether in any case a sidewalk should be clear of obstruction for its'entire length, depends upon the further question, whether, as a matter of fact, it is reasonably safe for pedestrians, notwithstanding a partial obstruction of some part thereof. If the jury believe, from the evidence,…

1Opinion of the Court

FISHER, Chief Justice.

—This is an action by appellant against the city of Austin, for damages sustained by reason of his falling over a large stone which the city negligently permitted to remain upon one of the sidewalks of the chy. The case was submitted to a jury under in structions of the court, and a verdict was returned in favor of the city. It appears from the evidence that the appellant was walking along the sidewalk on East Sixth Street at night, and in attempting to pass people-in front of him he went near the edge of the sidewalk, and in passing hit his foot against the stone…

2Cases cited3 opinions

  1. Boltz v. Town of SullivanWisconsin Supreme Court · 1899
  2. City of Fort Worth v. JohnsonTexas Supreme Court · 1892
  3. Atchison v. PlunkettCourt of Appeals of Kansas · 1899

3Cited by7 opinions

  1. Boyd v. Kansas CitySupreme Court of Missouri · 1922
  2. Houston Belt & Terminal Ry. Co. v. ScheppelmanTexas Commission of Appeals · 1921
  3. Merchants Ice & Gold Storage Co. BargholtCourt of Appeals of Kentucky · 1908
  4. City of Austin v. NucholsCourt of Appeals of Texas · 1906
  5. City of Waco v. StinnettCourt of Appeals of Texas · 1943

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