Wells v. City of Lisbon
North Dakota Supreme Court
Appeal from tbe District Court of Ransom county; Allen, J. Action for loss of a pair of mules' in an excavation in tbe street of tbe defendant and appellant. Verdict and judgment for plaintiff and respondent. City need only place a light that will warn reasonably prudent people of danger.
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Appeal from tbe District Court of Ransom county; Allen, J. Action for loss of a pair of mules' in an excavation in tbe street of tbe defendant and appellant. Verdict and judgment for plaintiff and respondent. City need only place a light that will warn reasonably prudent people of danger. Karrer v. Detroit, 142 Mich. 331, 106 N. W. 64; Slaughter v. Huntington, 64 W. Va. 237, 16 L.R.A.(N.S.) 459, 61 S. E. 155; Garnetz v. Carroll, 136 Iowa, 569, 114 N. W. 57. Due care is presumed. Swift & Co. v. Holoubek, 60 Neb. 784, 84 N. W. 253; O’Connor v. Connecticut R. & Lighting Co. 82 Conn. 170, 72 Atl.…
1Opinion of the CourtSpalding, J.
The defendant, the city of Lisbon, is a municipal corporation. The plaintiff on the 2d day of January, 1907, was the owner of a dray and a pair of mules, and one Laren was employed as the driver thereof in the business of draying. The city of Lisbon was engaged on that day in laying water mains on certain streets, particularly near the south side of Sixth street where it crosses Elm street, Sixth street running east and west and Elm street north and south. A ditch had been excavated along Sixth street for the purpose named, about 8 feet deep, and it extended from both the east and west into…
2Cases cited7 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
- Gagnier v. City of FargoNorth Dakota Supreme Court · 1903
- Smith v. City of JacksonMichigan Supreme Court · 1895
- Crowther v. City of YonkersNew York Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kendall v. City of Des MoinesSupreme Court of Iowa · 1918
- Belt v. City of Grand ForksNorth Dakota Supreme Court · 1955
- Axelson v. JardineNorth Dakota Supreme Court · 1928
- Jackson v. City of Grand ForksNorth Dakota Supreme Court · 1913
- Thomas v. City of Devils LakeNorth Dakota Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.