City of Omaha v. Olmstead
Nebraska Supreme Court
Error from tfie district court of Douglas county. Ellen Olmstead, as plaintiff in the court below, brought suit to recover damages for injuries alleged to have been sustained by her in stepping into a hole in a sidewalk, on the north side of Douglas street, between Ninth and Tenth streets, in the city of Omaha. All material allegations of the petition are denied by the answer.
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Error from tfie district court of Douglas county. Ellen Olmstead, as plaintiff in the court below, brought suit to recover damages for injuries alleged to have been sustained by her in stepping into a hole in a sidewalk, on the north side of Douglas street, between Ninth and Tenth streets, in the city of Omaha. All material allegations of the petition are denied by the answer. And it is further alleged that any injury received by plaintiff was occasioned by reason of her own carelessness. The time of the accident, as alleged, was about 8 o’clock in the evening of December 1, 1873. A trial was…
1Opinion of the CourtMaxwell, J.
I. The plaintiff in error is organized as a city, under the provisions of “ An act to incorporate cities of the first class.”
Section fifteen of the act gives to the mayor and council the care, management and control of the city, its property and finances. The twenty-fourth sub-division of section fifteen, grants the power “ to care for, and control, to name and re-name streets, avenues, parks and squares within the city, to provide for the opening and vacating of streets, avenues and alleys within the city, under such restrictions and regulations as may be provided by law.”
Section forty-one…
2Cases cited5 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Browning v. City of SpringfieldIllinois Supreme Court · 1855
3Cited by10 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Morrell v. City of PhoenixArizona Supreme Court · 1915
- City of Prescott v. SumidArizona Supreme Court · 1926
- Goddard v. City of LincolnNebraska Supreme Court · 1903
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