City & County of Denver v. Magivney
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Eon. John I. Mullins, Judge. Action by Adelaide F. Magivney against tbe city and connty of Denver and The Denver Union Water Company. From a judgment for plaintiff against tbe city and county of Denver, tbe latter appeals. ' Tbis action was brought by appellee against appellant and Tbe Denver Union Water Company, to recover damages for injuries suffered through tbe negligence of defendants.
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Appeal from the District Court of the City and County of Denver. Eon. John I. Mullins, Judge. Action by Adelaide F. Magivney against tbe city and connty of Denver and The Denver Union Water Company. From a judgment for plaintiff against tbe city and county of Denver, tbe latter appeals. ' Tbis action was brought by appellee against appellant and Tbe Denver Union Water Company, to recover damages for injuries suffered through tbe negligence of defendants. A defective sidewalk on Fifteenth street, between Curtis and Arapahoe, in tbe city of Denver, was tbe cause. Tbe width of tbe sidewalk at…
1Opinion of the CourtJustice Helm
It is hardly necessary to say that by law the duty is devolved upon the city of Denver to exercise ordinary care in preventing the sidewalks from becoming defective and dangerous to pedestrians; also, that a failure by the municipality so to do will, under proper circumstances, render it liable for injuries suffered through such defects. Nor need we dwell upon the following additional legal propositions, viz.: When a defect in the sidewalk causing accident and injury was the result of the city’s own negligent act, a primary liability against the city attaches therefrom. But when such…
2Cases cited2 opinions
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- Cunningham v. City of DenverSupreme Court of Colorado · 1896
3Cited by8 opinions
- City of Aspen v. MeseroleSupreme Court of Colorado · 1990
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Belcaro Realty Investment Co. v. NortonSupreme Court of Colorado · 1939
- City of Alamosa v. JohnsonSupreme Court of Colorado · 1936
- Wold v. City of BoulderSupreme Court of Colorado · 1932
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