Garbanati v. City of Durango

Plaintiff in error brought an action to recover damages from the city for injuries suffered through its alleged negligence. A trial to the court resulted in a judgment for the city. The plaintiff brings the case here for review on error.

From the argument of counsel and the record before us, it appears the court based its judgment upon the ground that'plaintiff was guilty of contributory negligence. This is the important question to deter-, mine. The injuries which plaintiff sustained were caused by falling from a sidewalk which was elevated some three or four feet above the ground immediately…