City of Richmond v. Rose
Supreme Court of Virginia
Error to a judgment of the Law and Equity Court of city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is an action by the defendant in error, Marion S. Rose, against the city of Richmond, to recover damages for injury sustained by a fall alleged to have been caused by the defective condition of a sidewalk of the city. The defendant in error will be hereinafter referred to as plaintiff. There was a trial by jury.
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Error to a judgment of the Law and Equity Court of city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is an action by the defendant in error, Marion S. Rose, against the city of Richmond, to recover damages for injury sustained by a fall alleged to have been caused by the defective condition of a sidewalk of the city. The defendant in error will be hereinafter referred to as plaintiff. There was a trial by jury. After the testimony both for the plaintiff and defendant was in and there had been a view by the jury, the city demurred to…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The controversy in the case in judgment is not one of law, but of fact.
The law applicable to cases of this character is well settled.
There are two issues involved, (1) whether the municipality was primarily liable, and,if so, (2) whether there was contributory negligence on the part of the plaintiff which barred her right of recovery.
[1] The primary liability of the municipality, if it existed, must have arisen from its breach of duty in its failure to exercise reasonable or ordinary care under the…
2Cases cited17 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Lerner v. City of PhiladelphiaSupreme Court of Pennsylvania · 1908
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Town of Gosport v. EvansIndiana Supreme Court · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jones v. MassieSupreme Court of Virginia · 1932
- Houston v. City of MonroeSupreme Court of North Carolina · 1938
- City of Radford v. CalhounSupreme Court of Virginia · 1935
- City of Roanoke v. SutherlandSupreme Court of Virginia · 1933
- Hill v. City of RichmondSupreme Court of Virginia · 1949
13 more not listed; retrieve them via the Exa API.