Carpenter v. Village of Dickey
North Dakota Supreme Court
Appeal from District Court, La Moure County, J. A. Coffey, J. From a judgment in plaintiff’s favor, and from an order denying a motion for a new trial, defendant appeals. Tbe question of tbe negligence of tbe village in permitting tbe bole to remain in tbe sidewalk was one for tbe jury, and not for tbe court to assume, as a fact.
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Appeal from District Court, La Moure County, J. A. Coffey, J. From a judgment in plaintiff’s favor, and from an order denying a motion for a new trial, defendant appeals. Tbe question of tbe negligence of tbe village in permitting tbe bole to remain in tbe sidewalk was one for tbe jury, and not for tbe court to assume, as a fact. Tbe matter was in dispute, in tbe evidence: Bauer v. Dubuque, 122 Iowa, 500, 98 N. W. 355. Negligence is not presumed from tbe mere fact that injury follows some act. Damages in cases like this one are compensatory only. Missouri, K. & T. E. Co. v. Hannig, 91 Tex.…
1Opinion of the CourtFisk, J.
Action to recover damages for personal injuries suffered by plaintiff as a result of tbe alleged negligence of defendant village in failing to maintain its sidewalks in a reasonably safe condition for pedestrians. Tbe complaint alleges and tbe plaintiff’s proof tends to show that she,' a .widow lady thirty-eight years of age and tbe mother of four children, while walking on one of tbe sidewalks in such village *179after darle, stepped in a bole about 1 foot deep, and fell upon ber left side, severely spraining ber left ankle and otherwise injuring ber person, and that sneb injury to ber anide is…
2Cases cited17 opinions
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- F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
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3Cited by15 opinions
- Cook v. StenslieNorth Dakota Supreme Court · 1977
- Geist v. MooreIdaho Supreme Court · 1937
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Skjonsby v. NessNorth Dakota Supreme Court · 1974
- Kern v. Art Schimkat Construction Co.North Dakota Supreme Court · 1963
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