Legal Opinion

Powers v. Boise City

Idaho Supreme Court

Decided July 9, 1912PublishedCited by 15 opinions

APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to recover for personal injuries occasioned by an obstruction on a sidewalk. Judgment for the plaintiff.

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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. Action to recover for personal injuries occasioned by an obstruction on a sidewalk. Judgment for the plaintiff. There is no evidence showing or tending to show that Boise City had any knowledge, actual or constructive, that the piece of wire which was the proximate cause of the accident was obstructing the street or sidewalk of Boise City at any time prior to the accident herein complained of. In an action for injuries, caused by defects or obstructions, municipalities must have had…

1Opinion of the CourtSullivan, J.

This action was commenced to recover from Boise City certain damages for personal injuries sustained by the plaintiff on June 29, 1907. The cause of the injuries was the tripping and falling by the respondent over a telephone wire attached to a pole which lay close to the sidewalk. The pole was about twenty feet long and six to ten inches in diameter. The wire, which was several feet *290in length, was securely fastened to the small end of the pole and extended on to the sidewalk, forming a loop, in which the plaintiff caught her foot as she was walking along the sidewalk. The plaintiff was…

2Cases cited7 opinions

  1. Carson v. City of GeneseeIdaho Supreme Court · 1903
  2. Eaton v. City of WeiserIdaho Supreme Court · 1906
  3. Miller v. Village of MullanIdaho Supreme Court · 1909
  4. Village of Sand Point v. DoyleIdaho Supreme Court · 1905
  5. Moreton v. Village of St. AnthonyIdaho Supreme Court · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  2. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  3. Hendrix v. City of Twin FallsIdaho Supreme Court · 1934
  4. Cogswell v. C. C. Anderson Stores Co.Idaho Supreme Court · 1948
  5. Splinter v. City of NampaIdaho Supreme Court · 1950

10 more not listed; retrieve them via the Exa API.

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