McLean v. City of Lewiston
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. The demurrer to the complaint should have been sustained because: An action for damages by a private individual against a municipal corporation for an injury sustained by a defect in a highway cannot be maintained, in the absence of a statute expressly declaring such liability. (ArTcadelphia v. Windham, 49 Ark. 139, 4 Am. St. Eep. 32, 4 S. W. 450; Ft.
Read the full summary
APPEAL from District Court, Nez Perces County. The demurrer to the complaint should have been sustained because: An action for damages by a private individual against a municipal corporation for an injury sustained by a defect in a highway cannot be maintained, in the absence of a statute expressly declaring such liability. (ArTcadelphia v. Windham, 49 Ark. 139, 4 Am. St. Eep. 32, 4 S. W. 450; Ft. Smith v. York, 52 Ark. 84, 12 S. W. 157; Winbigler v. Los Angeles, 45 Cal. 36; Arnold v. San Jose, 81 Cal. 618, 22 Pac. 877; Ghidsey v. Canton, 17 Conn. 475; Hewison v. New Haven, 37 Conn. 475, 9…
1Opinion of the CourtSttlliyan, J.
— This action was brought by the respondents, who are husband and wife, for damages to the wife by reason of a defective sidewalk and of a cellar door opening therein. It is alleged that while said respondent, without fault or negligence on her part, was walking along said sidewalk, she was violently precipitated through said cellar door into the cellar underneath; that she was in an extremely delicate condition, being pregnant with child; was greatly bruised and injured, and received great bodily injury, and was made sick and sore, and received such injuries as to render her an invalid and a…
2Cases cited3 opinions
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Aldrich v. PalmerCalifornia Supreme Court · 1864
- Horn v. Boise City Canal Co.Idaho Supreme Court · 1901
3Cited by13 opinions
- Viehweg v. ThompsonIdaho Court of Appeals · 1982
- State v. GarneyIdaho Supreme Court · 1928
- State v. SimesIdaho Supreme Court · 1906
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- Carscallen v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.