Legal Opinion

Gellenbeck v. City of Mobridge

South Dakota Supreme Court

Decided March 8, 1918No. File No. 4175PublishedCited by 16 opinions

Appeal from! Circuit Court, Wal-worth County. Hon. Alva E. Taylor, Judge. Action by Ellen Gelienbeck, against tine city of Mobridge, to recover for pen Eternal injury alleged to have been- received by plaintiff from falling into a hole in a sidewalk. From a judgment for plain-tiff, and, from an order denying a new trial, defendant appeals. (3) To poi-nlt three of the opinion, Appellant cited: 28 Cy-c. 1353, 1388, 1390, and note 20.

1Opinion of the CourtMcCOY, J.

Action for personal injury alleged to have been rteceiviad by plaintiff by -reason of having fallen into a hole in a side-walk in defendant City. There wa-s verdict and judgment for plaintiff, and defendant appeal's.

[1] The only material contention urged -by appellant is that it had no- notice of the defect in the sidewalk which- is *159alleged to have caused respondent's injury. It appears from the testimony preserved -in the record that a new business building had just -recently been constructed in ¡the city of Mobridge upon one iof ite principal streets; that about the xst -of November, 1911,…

2Cases cited11 opinions

  1. Gatzow v. BueningWisconsin Supreme Court · 1900
  2. Village of Jefferson v. ChapmanIllinois Supreme Court · 1889
  3. O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
  4. Bunker v. City of HudsonWisconsin Supreme Court · 1904
  5. Relyea v. Tomahawk Paper & Pulp Co.Wisconsin Supreme Court · 1899

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
  2. Bucholz v. City of Sioux FallsSouth Dakota Supreme Court · 1958
  3. CROSS ET UX v. HarrisOregon Supreme Court · 1962
  4. Hohm v. City of Rapid CitySouth Dakota Supreme Court · 2008
  5. Turner County, S. D. v. MillerCourt of Appeals for the Eighth Circuit · 1948

11 more not listed; retrieve them via the Exa API.

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