Schuler v. City of Mobridge
South Dakota Supreme Court
Appeal from Circuit Court, Walworth County. Hon.- Joseph H. Bottom, Judge. Action by Mary M. Schuler, against the City of Mobridge, a Municipal Corporation, to recover damages for alleged injury to plaintiff from a defective sidewalk in defendant city. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Walworth County. Hon.- Joseph H. Bottom, Judge. Action by Mary M. Schuler, against the City of Mobridge, a Municipal Corporation, to recover damages for alleged injury to plaintiff from a defective sidewalk in defendant city. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. (2) To point two, Appellant cited: Smith v. City of Yank-ton, 23 S. D. 358; Beltz v. City of Yonkers, 148 N. Y. 67. Respondent cited: Smith v. Yankton, supra. (3) To point three, Respondent cited: Evans v. Iowa City, 125 la. 202, 100 N. W. 1112. (4) To point…
1Opinion of the CourtBoeeey, P. J.
This is an action for damages for injuries alleged to have been sustained by plaintiff by reason of a defective sidewalk on one of the streets of defendant city. Verdict and judgment were for plaintiff, and defendant appeals.
[1,2] The sidewalk in question is made of cement, and appears to have been constructed as cement walks usually are, except that the surface thereof • had been trowled with a steel trowel, instead of a wooden trowel, such as is generally used for that purpose. The result is that the surface of the walk is very smooth and slippery. Plaintiff undertook to walk across it, but…
2Cases cited3 opinions
- Coleman v. SouthwickNew York Supreme Court · 1812
- Chicago, R. I. & P. Ry. Co. v. De VoreSupreme Court of Oklahoma · 1914
- Smith v. City of YanktonSouth Dakota Supreme Court · 1909
3Cited by40 opinions
- Osterkamp v. Alkota Manufacturing, Inc.South Dakota Supreme Court · 1983
- Stormo v. StrongSouth Dakota Supreme Court · 1991
- Flockhart v. WyantSouth Dakota Supreme Court · 1991
- Roth v. Farner-Bocken Co.South Dakota Supreme Court · 2003
- Wangen v. KnudsonSouth Dakota Supreme Court · 1988
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