City of Aurora v. Cox
Nebraska Supreme Court
Error from the district court of Hamilton county. Tried below before Smith, J. A statement of the case appears in the opinion. cited: 2 Dillon, Municipal Corporations, sec. 1006;. City of Aurora v. Pulfer, 56 111., 270; Raymond v. City■ of Lowell, 6 Cush. [Mass.], 524. Two things must occur to support the action: (1) An obstruction or defect in the crossing by fault of the city;. (2) no want of ordinary care to avoid it on the part of plaintiff below.
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Error from the district court of Hamilton county. Tried below before Smith, J. A statement of the case appears in the opinion. cited: 2 Dillon, Municipal Corporations, sec. 1006;. City of Aurora v. Pulfer, 56 111., 270; Raymond v. City■ of Lowell, 6 Cush. [Mass.], 524. Two things must occur to support the action: (1) An obstruction or defect in the crossing by fault of the city;. (2) no want of ordinary care to avoid it on the part of plaintiff below. (Buswell, Personal Injuries, sec. 164.) By ordinary care is meant ordinary prudence, and this does not require a traveler to look far ahead for…
1Opinion of the Court
Irvine, C.
The defendant in error sued the plaintiff in error to recover for injuries sustained by defendant in error by falling on a street crossing which it was claimed had been negligently constructed. She recovered a verdict of $500, whereon judgment was rendered. The plaintiff in error relies on only two points to reverse the judgment. First, that the petition does not state a cause of action; and, sec*730■ondly, that the évidence is not sufficient to sustain the verdict. The point urged against the sufficiency of the petition is that the facts alleged as to the condition of the cross-walk…
2Cases cited4 opinions
- City of Aurora v. PulferIllinois Supreme Court · 1870
- Foxworthy v. City of HastingsNebraska Supreme Court · 1888
- City of Lincoln v. CalvertNebraska Supreme Court · 1894
- Nebraska City v. RathboneNebraska Supreme Court · 1886
3Cited by5 opinions
- Morrell v. City of PhoenixArizona Supreme Court · 1915
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
- Goddard v. City of LincolnNebraska Supreme Court · 1903
- Anthony v. City of LincolnNebraska Supreme Court · 1950
- Gielen v. City of FlorenceNebraska Supreme Court · 1913