Klein v. City of Dallas
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. George N. Aldridge. Appellant sued appellee for five thousand dollars for personal injuries received from a fall into a sewer or ditch bordering on the sidewalk, on Pacific avenue, near the junction of Sycamore street and Bryan street, in the corporate limits of the city, caused by appellee’s negligently constructing, or causing to be negligently .constructed, said sidewalk and ditch.
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Appeal from Dallas. Tried below before the Hon. George N. Aldridge. Appellant sued appellee for five thousand dollars for personal injuries received from a fall into a sewer or ditch bordering on the sidewalk, on Pacific avenue, near the junction of Sycamore street and Bryan street, in the corporate limits of the city, caused by appellee’s negligently constructing, or causing to be negligently .constructed, said sidewalk and ditch. Petition also alleges that the sidewalk is only three feet wide, had no guard or rail, the street was not lighted, the ditch was not covered, and the sidewalk and…
1Opinion of the Court
Collard, Judge.
The charge of the court assumed that the streets were public streets and highways of the city, and based the charge upon that assumption. There was no error in omitting to instruct the jury positively as to the fact. Had there been anything wanting in the general charge in this respect, it was the duty of the plaintiff to have asked a special charge covering the point. The charter of the city of Dallas is very similar in its provisions to that of the city of Galveston, which was construed by the Supreme Court in the case of The City of Galveston v. Posnainsky, reported in the…
2Cases cited3 opinions
- Cleveland v. City of St. PaulSupreme Court of Minnesota · 1872
- Barnes v. Incorporated Town of NewtonSupreme Court of Iowa · 1877
- Bryan v. FarnsworthSupreme Court of Minnesota · 1872
3Cited by23 opinions
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
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- City of Wichita Falls v. LipscombCourt of Appeals of Texas · 1932
- Northcutt v. Magnolia Petroleum Co.Court of Appeals of Texas · 1935
- City of Austin v. RitzTexas Supreme Court · 1888
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