Legal Opinion

The Town of Antlers, Oklahoma, a Municipal Corporation v. Harold Benson

Court of Appeals for the Tenth Circuit

Decided September 7, 1957No. 5548_1PublishedCited by 2 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

The plaintiff brought this adtion against the Town of Antlers, Oklahoma, to recover damages for injuries sustained by reason of a fall caused by alleged defects in a public sidewalk. The case was-tried to the court without a jury, which found for the plaintiff and awarded damages in the sum of $4,500.

The court found that the sidewalk in question was four feet wide, upon which there was an abrupt elevation approximately three and one-half to four inches high, completely across the sidewalk, caused by growing tree roots underneath the sidewalk; that a trellis had been…

2Cases cited28 opinions

  1. City of Tulsa v. FryeSupreme Court of Oklahoma · 1933
  2. Blackner v. McDermottCourt of Appeals for the Tenth Circuit · 1949
  3. City of Hugo v. NanceSupreme Court of Oklahoma · 1913
  4. City of Sapulpa v. DeasonSupreme Court of Oklahoma · 1920
  5. City of Ada v. BurrowSupreme Court of Oklahoma · 1935

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3Cited by2 opinions

  1. Sharon Rachbach, and Cross-Appellant v. John M. Cogswell and Saul N. Davidson, and the Public Trustee of the County of Arapahoe, State of ColoradoCourt of Appeals for the Tenth Circuit · 1977
  2. Bieber v. City of NewcastleDistrict Court, D. Wyoming · 1965

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