Miller v. Village of Mullan
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for the County of Shoshone. Hon. W. W. Woods, Judge. Action by plaintiff to recover damages for personal injury sustained while traveling over a cross-walk in the defendant village. Judgment for plaintiff. Defendant appealed.
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APPEAL from tbe District Court of the First Judicial District, for the County of Shoshone. Hon. W. W. Woods, Judge. Action by plaintiff to recover damages for personal injury sustained while traveling over a cross-walk in the defendant village. Judgment for plaintiff. Defendant appealed. Notice' to the corporation of the defect which caused the injury, or facts from which notice thereof may reasonably be inferred, or proof of circumstances from which it appears that the defect ought to have been known and remedied by it, is essential to liability. (2 Dillon on Mun. Corp., 3d ed., see. 1024.)…
1Opinion of the CourtAilshie, J.
— Respondents recovered judgment in the trial court for $1,500 damages on account of personal injuries received by Olive D. Miller, wife of respondent George T. Miller, by falling on a defective street crossing. Mrs. Miller, in company with her two grown daughters and her infant daughter, was traveling on the Second street crossing over Pine street in the Village of Mullan, and stepped on a board which broke, and fell and broke her leg immediately above the ankle and sustained other bruises and injuries.
On the corner at one end of this crossing stood a candy store, and at the other end of the…
2Cases cited28 opinions
- Sutton v. City of SnohomishWashington Supreme Court · 1895
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Baustian v. YoungSupreme Court of Missouri · 1899
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Cook v. City of AnamosaSupreme Court of Iowa · 1885
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3Cited by25 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Smith v. SharpIdaho Supreme Court · 1960
- City of Phoenix v. MayfieldArizona Supreme Court · 1933
- Mason Ex Rel. Mason v. Hillsdale Highway DistrictIdaho Supreme Court · 1944
20 more not listed; retrieve them via the Exa API.