City of Denver v. Dean
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. In August, 1882, the plaintiff, Cecil A. Deane, while walking along the sidewalk on Curtis street, Denver, in daylight, stepped upon the cap covering a coal hole, which tipped under his weight, allowing one leg to pass through, and causing an injury from which serious consequences followed. After suffering great pain for a considerable length of time, he lost almost completely the use of his leg for life.
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Appeal from District Court, Arapahoe County. In August, 1882, the plaintiff, Cecil A. Deane, while walking along the sidewalk on Curtis street, Denver, in daylight, stepped upon the cap covering a coal hole, which tipped under his weight, allowing one leg to pass through, and causing an injury from which serious consequences followed. After suffering great pain for a considerable length of time, he lost almost completely the use of his leg for life. There was nothing in the appearance of the cap or cover to the coal hole, or its surroundings, to indicate danger to a casual or even careful…
1Opinion of the CourtHelm, J.
It was the duty of the municipal authorities of Denver to exercise ordinary care in keeping the sidewalks free from defects and obstructions. The conclusion reached in City v. Dunsmore, 7 Colo. 328, with reference to streets, applies with equal fitness to the subject of sidewalks, and the reasons there given need not be restated. A failure to perform this duty might lay the foundation of municipal liability. But since the city did not construct the sidewalk, coal hole or cap here in question, and the accident was not occasioned by any act of the city, its officers or agents, before plaintiff…
2Cases cited4 opinions
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- Mayor v. SheffieldSupreme Court of the United States · 1867
- Furnell v. City of St. PaulSupreme Court of Minnesota · 1873
- Gibbs v. BlanchardMichigan Supreme Court · 1867
3Cited by20 opinions
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Leonard v. City of ButteMontana Supreme Court · 1901
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
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