Splinter v. City of Nampa

The principal objection to the conclusion readied is that a new duty and a new liability is imposed upon the city, not heretofore recognized, and which is without precedent.

The primary duty of the city with respect to its streets and alleys is to “keep them in a reasonably safe condition for use by travelers in the usual modes”. Carson v. City of Genesee, 9 Idaho 244, 74 P. 862, 864, 108 Am.St.Rep. 127; Moreton v. St. Anthony, 9 Idaho 532, 75 P. 262; Powers v. Boise City, 22 Idaho 286, 125 P. 194; Baillie v. Wallace, 24 Idaho 706, 135 P. 850; Strickfaden v. Greencreek Highway Dist., 42 Idaho…