O'Flynn v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Ellen O’Flynn against tbe city of Bntte. Judgment for plaintiff, and defendant appeals from it, and an order denying a new trial. A city will not be imputed with knowledge of a defect in a sidewalk of sucb a nature as to have escaped the notice of a person injured thereby who had used it continually for many months. (Byrne v. Philadelphia, 211 Pa.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Ellen O’Flynn against tbe city of Bntte. Judgment for plaintiff, and defendant appeals from it, and an order denying a new trial. A city will not be imputed with knowledge of a defect in a sidewalk of sucb a nature as to have escaped the notice of a person injured thereby who had used it continually for many months. (Byrne v. Philadelphia, 211 Pa. St. 598, 61 Atl. 80.) A municipal corporation will not be liable for injuries due to latent defects in its streets and sidewalks, which could not be discovered by…
1Opinion of the CourtJustice Smith
Plaintiff brought this action to recover damages for injuries alleged to have been received by her through stepping upon a defective plank in a sidewalk in the defendant city. She had a verdict in the district court of Silver Bow county for the sum of $5,000. Judgment was entered in her favor for that amount, and from such judgment and an order denying a new trial, the city appeals.
The first contention of the appellant is that no notice to the city council was given of the claim of plaintiff, as provided by section 1 of an Act relating to actions against cities and towns for damages to…
2Cases cited1 opinion
- Leonard v. City of ButteMontana Supreme Court · 1901
3Cited by5 opinions
- Runkle v. Burlington NorthernMontana Supreme Court · 1980
- Pullen v. City of ButteMontana Supreme Court · 1912
- Kansier v. City of BillingsMontana Supreme Court · 1919
- Reilly v. City of ButteMontana Supreme Court · 1922
- Runkle v. Burlington NorthernMontana Supreme Court · 1980