City of Plattsmouth v. Mitchell
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Mitchell, J. It is contributory negligence for a person passing along a street to go upon a part of it which he knows or perceives to be dangerous. Moans v. Utica, 69 N. Y., 166. Belton v. Baxter, 54 Id., 245. Chicago v. Me Given, 78 111., 347. Coates v. Canaan, 51 Yt., 131. Wilson v. Charlestown, 8 Allen, 137. There was no contributory negligence.
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Error to the district court for Cass county. Tried below before Mitchell, J. It is contributory negligence for a person passing along a street to go upon a part of it which he knows or perceives to be dangerous. Moans v. Utica, 69 N. Y., 166. Belton v. Baxter, 54 Id., 245. Chicago v. Me Given, 78 111., 347. Coates v. Canaan, 51 Yt., 131. Wilson v. Charlestown, 8 Allen, 137. There was no contributory negligence. It was a question for a jury to determine whether a party injured exercised due care. Smith v. Lowell, 6 Allen., 39. Cuthbert v. Appleton, 24 Wis., 383. Bice v. Bes Moines, 40 Iowa,…
1Opinion of the CourtReese, J.
This was an action against plaintiff in error for damages resulting from a personal injury to defendant in error, occasioned by a defective sidewalk on one of the streets of plaintiff in error. The verdict was in favor of defendant in error — plaintiff below — and the defendant city prosecutes error to this court.
The facts of the injury may be briefly stated as follows :
Defendant in error and another person were walking upon the sidewalk' on which the accident occurred, when the individual accompanying him stepped on the end of a loose board, outside the underlying stringer. This elevated the…
2Cases cited5 opinions
- City of Bloomington v. BayIllinois Supreme Court · 1867
- Weare v. Inhabitants of FitchburgMassachusetts Supreme Judicial Court · 1872
- Luck v. City of RiponWisconsin Supreme Court · 1881
- Oliver v. City of KansasSupreme Court of Missouri · 1878
- City of Lincoln v. WoodwardNebraska Supreme Court · 1886
3Cited by8 opinions
- Omaha Street Railway Co. v. CraigNebraska Supreme Court · 1894
- City of Lincoln v. SmithNebraska Supreme Court · 1890
- Pinches v. Village of DickensNebraska Supreme Court · 1934
- Goodrich v. University PlaceNebraska Supreme Court · 1908
- Gallup v. BlissIdaho Supreme Court · 1927
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