Chacey v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Ruth J. Chacey against the City of Fargo. Judgment for plaintiff, and defendant appeals. A bicycle is a carriage or vehicle and should not be used upon a sidewalk.
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Appeal from District Court, Cass County; McConnell, J. Action by Ruth J. Chacey against the City of Fargo. Judgment for plaintiff, and defendant appeals. A bicycle is a carriage or vehicle and should not be used upon a sidewalk. Taylor v. Goodzvin, L. R. 4 Q. B. Div. 228; Mercer v. Corbin, 3 L. R. A. 221; State v. Collins, 3 L. R. A. 394; Swift v. City of Topeka, 8 L. R. A. 772; Holland v. Bartch, 22 N. E. Rep. 83. Where the city has laid out and maintained a place for foot passengers separate and apart from that used by persons traveling in or on vehicles, it has done its corporate duty to…
1Opinion of the CourtCorliss, J.
The plaintiff has recovered a judgment against *176the defendant, the City of Fargo, for damages sustained by her by reason of a defective sidewalk within the corporate limits of that city. While walking along this sidewalk, she was overtaken and passed by a person riding a bicycle, which threw out a loose plank immediately in front of plaintiff, who stepped into the hole in the walk, thus unexpectedly made, and sustained severe injuries. One of the contentions of defendant against its liability is that the defective walk was not the proximate cause of the injury; that plaintiff must, in law,…
2Cases cited7 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- McConnell v. City of OsageSupreme Court of Iowa · 1890
- Armstrong v. Town of AckleySupreme Court of Iowa · 1887
- Smith v. City of Des MoinesSupreme Court of Iowa · 1892
- Campbell v. City of KalamazooMichigan Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Northern Pacific Railway Co. v. Morton CountyNorth Dakota Supreme Court · 1964
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- Belt v. City of Grand ForksNorth Dakota Supreme Court · 1955
3 more not listed; retrieve them via the Exa API.