Braatz v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Augusta Braatz against the City of Fargo. Judgment for defendant, and plaintiff appeals. Cities must keep highways in reasonably safe condition, and are responsible for neglect, although the negligent act of third party contributed to an injury received by city’s lack of care. Village of Carterville v. Cook, 16 Am. St. Rep. 248; City of Joliet v. Shufeld, 38 Am. St. Rep. 453; Knouff v. Logansport, 84 Am.
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Appeal from District Court, Cass county; Pollock, J. Action by Augusta Braatz against the City of Fargo. Judgment for defendant, and plaintiff appeals. Cities must keep highways in reasonably safe condition, and are responsible for neglect, although the negligent act of third party contributed to an injury received by city’s lack of care. Village of Carterville v. Cook, 16 Am. St. Rep. 248; City of Joliet v. Shufeld, 38 Am. St. Rep. 453; Knouff v. Logansport, 84 Am. St. Rep. 292; Webster v. Hudson River R. R. Co., 38 N. Y. 260; Ring v. City of Cohoes, 77 N. Y. 83; North Penn. Ry. Co. v„…
1Opinion of the CourtFisk, J.
Plaintiff recovered a verdict for .$850 for personal injuries alleged to have been caused through the negligence of defendant city. A motion for judgment, notwithstanding the verdict, was made and granted, and judgment rendered in defendant’s favor, from which the appeal is prosecuted.
The assignments of error relate wholly to the correctness of the ruling in granting such motion. The facts material to the legal questions presented are as follows: At the time of the accident plaintiff was walking westward on the sidewalk on the south side of Front street. Just as she reached the point where…
2Cases cited17 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Diegel v. City of West FargoNorth Dakota Supreme Court · 1996
- Orrison v. City of Rapid CitySouth Dakota Supreme Court · 1956
- Belt v. City of Grand ForksNorth Dakota Supreme Court · 1955
- Maloney v. City of Grand ForksNorth Dakota Supreme Court · 1944
- Ward v. Salt Lake CityUtah Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.