City of Boulder v. Weger

Appellee had judgment against appellant for damages on account of injuries sustained by a fall on a defective cross-walk in the city of Boulder. The. defect was a hoard about 8 inches wide missing from the wooden cross-walk. To justify affirming this judgment the evidence must show that “the city had knowledge either actual or constructive of the existence of the defect and had not exercised proper *70diligence in its repair.”—City of Denver v. Moewes, 15 Colo. App. 28, 60 Pac. 986.

It must appear that “defendant had notice of such obstruction or that it had existed such a length of time as to…