City of Crete v. Childs
Nebraska Supreme Court
Error to the district court for Saline county. The action there was to recover damages alleged to have been sustained by reason of a defective sidewalk in the city of Crete. Trial below before Weaver, J., and a jury, resulted in a verdict of $300 for plaintiff, upon which she had judgment, and the city brought the case here for review upon a petition in error.
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Error to the district court for Saline county. The action there was to recover damages alleged to have been sustained by reason of a defective sidewalk in the city of Crete. Trial below before Weaver, J., and a jury, resulted in a verdict of $300 for plaintiff, upon which she had judgment, and the city brought the case here for review upon a petition in error. Plaintiff having exhibited to the jury the helpless condition of her limb, and medical experts having testified to its condition and the character of the injury, she was interrogated on cross-examination as to an electric shock and a…
1Opinion of the CourtLake, J.
We discover no error in the rejection of testimony calling for a reversal of the judgment. And the record of the proceedings of the city council of Crete, upon this claim, was properly admitted. Such presentation of the claim, however, was not requisite to a recovery of damages, as it could only affect the question of costs. Section thirty-four of the act for the incorporation of cities of the section class provides, that “no costs shall be recovered against such city in any action brought against it for any unliquidated claim which has not been presented to the city council,” etc. Gen.…
2Cases cited3 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Meredith v. KennardNebraska Supreme Court · 1871
- Meyer v. Midland Pacific RailroadNebraska Supreme Court · 1873
3Cited by14 opinions
- Bradshaw v. StateNebraska Supreme Court · 1885
- Reed v. City of DetroitMichigan Supreme Court · 1896
- Hickman-Williams Agency v. HaneyNebraska Supreme Court · 1950
- Hazelet v. Holt CountyNebraska Supreme Court · 1897
- City of Friend v. IngersollNebraska Supreme Court · 1894
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