City of Lewiston v. Isaman
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover over by the city for personal injuries. Judgment for plaintiff. “It is universally admitted that there is no common-law liability of abutting property owners to repair sidewalks.” (Browning v. City of Springfield, 17 111. 143, 63 Am. Dec. 355.) There is nothing in our statutes that changes the common law in this respect.
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APPEAL from the District Court of the Second Judicial District, in and for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover over by the city for personal injuries. Judgment for plaintiff. “It is universally admitted that there is no common-law liability of abutting property owners to repair sidewalks.” (Browning v. City of Springfield, 17 111. 143, 63 Am. Dec. 355.) There is nothing in our statutes that changes the common law in this respect. A city authorized “to regulate the use of sidewalks” may authorize the building by property owners of openings for cellar-ways in the…
1Opinion of the CourtSullivan, J.
This action was brought by the city of Lewiston against Isaman, the defendant and appellant, to recover the sum of $17,944.20 with interest thereon, and is based upon a judgment obtained by Miriam W. McLean and. her husband against the city in the sum of $12,000 because of personal injuries received by reason of defective doors placed in the sidewalk in front of said Isaman’s business building in the city of Lewiston. The said case of McLean v. The City of Lewiston was decided by this court on appeal June 5, 1902, -and is reported in the 8th Idaho at page 473, 69 Pac. 478, to which reference…
2Cases cited9 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
- Browning v. City of SpringfieldIllinois Supreme Court · 1855
- City of Seattle v. Puget Sound Improvement Co.Washington Supreme Court · 1907
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3Cited by8 opinions
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Bedal v. Hallack & Howard Lumber Co.Court of Appeals for the Ninth Circuit · 1955
- W. O. Bedal v. The Hallack and Howard Lumber Company, a Corporation, and W. O. Bedal v. Oregon Short Line Railroad Company, a Corporation, and Union Pacific Railroad Company, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Osier v. the Consumers' CompanyIdaho Supreme Court · 1925
- Wallace v. BrendeSouth Dakota Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.