City of Denver v. Hyatt
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This action was commenced by appellee, as plaintiff, to recover from appellant, as defendant, damages for a sprain of her right ankle and back, impairment of her sight, and severe internal injuries, resulting, as it is alleged, from a fall caused by a defective sidewalk. From a verdict in her favor the city appeals.
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Appeal from the District Court of Arapahoe County. This action was commenced by appellee, as plaintiff, to recover from appellant, as defendant, damages for a sprain of her right ankle and back, impairment of her sight, and severe internal injuries, resulting, as it is alleged, from a fall caused by a defective sidewalk. From a verdict in her favor the city appeals. Kegarding the time and place of accident, and the period for which the defect in the sidewalk existed, the complaint, inter alia, alleged “That on or about the second day of May, 1899, and for more than two months next prior…
1Opinion of the Court
Mr, Justice Gabbert
delivered the opinion of the court.
1. In support of the demurrer to the complaint, it is urged that the latter is insufficient for the reason that it contained no averment that the city had notice of the condition of the sidewalk at the place where the accident occurred. Notice of such a defect may be either actual or constructive. If the defect, such as is alleged in this case, exists for a sufficient length of time before the happening of an accident therefrom, so that in the exercise of ordinary diligence by its proper officials the existence of such defect could have…
2Cases cited19 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Todd v. . City of TroyNew York Court of Appeals · 1875
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3Cited by37 opinions
- Scholz v. Metropolitan Pathologists, P.C.Supreme Court of Colorado · 1993
- Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C.Supreme Court of Colorado · 2004
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907
- Parker v. City and County of DenverSupreme Court of Colorado · 1953
- People v. RodriguezSupreme Court of Colorado · 2005
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