City of Wahoo v. Reeder
Nebraska Supreme Court
Error to the district court for Saunders county. Tried below before Marshall, J. Villages should not be held liable the same as opulent municipalities endowed with extraordinary powers. Defendant in error failed to use ordinary diligence to prevent the enhancement of the injury, and is guilty of contributory negligence. (Potter v. Warner, 91 Pa. St., 362 ; Hibbard v. Thompson, 109 Mass., 288; Lyons v. R. Co., 57 N. Y., 489; Himtv.
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Error to the district court for Saunders county. Tried below before Marshall, J. Villages should not be held liable the same as opulent municipalities endowed with extraordinary powers. Defendant in error failed to use ordinary diligence to prevent the enhancement of the injury, and is guilty of contributory negligence. (Potter v. Warner, 91 Pa. St., 362 ; Hibbard v. Thompson, 109 Mass., 288; Lyons v. R. Co., 57 N. Y., 489; Himtv. Gaslight Co., 1 Allen [Mass.], 349 ; 4 Am. and Eng. Enc. of Law, art. “ Contributory Negligence,” par. 39, N. 2.) Villages are, by our statute, given control of…
1Opinion of the CourtMaxwell, J.
This action was brought in the district court of Saunders county to recover damages for personal injuries allegedto have been received by the plaintiff in consequence of stepping into a hole in a defective sidewalk on Fifth street, in the village (now the city) of Wahoo.
The defendant answered, admitting its corporate existence, and that Fifth street w;as one-of its principal streets, and denied any negligence on the part of the defendant, and alleged “that said alleged injuries, if any were sustained by the plaintiff, were caused by the carelessness and negligence of the plaintiff.”
The reply…
2Cases cited5 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- People v. MorrisNew York Supreme Court · 1835
- Village of Ponca v. CrawfordNebraska Supreme Court · 1888
- Village of Ponca v. CrawfordNebraska Supreme Court · 1886
- Brinckerhoff v. Board of EducationNew York Court of Common Pleas · 1869
3Cited by3 opinions
- Pinches v. Village of DickensNebraska Supreme Court · 1934
- Hartford Fire Insurance v. County of Red WillowNebraska Supreme Court · 1947
- Goodrich v. University PlaceNebraska Supreme Court · 1908