City of Boulder v. Niles
Supreme Court of Colorado
Appeal from District Court of Boulder County. This action was brought in the court below by the appellee, Niles, against the defendant city to recover damages for injuries resulting from a fall upon snow and ice accumulated upon defendant’s sidewalk. The accident happened to the plaintiff upon the evening of the 6 th of February, while walking, after dark, upon Pine street.
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Appeal from District Court of Boulder County. This action was brought in the court below by the appellee, Niles, against the defendant city to recover damages for injuries resulting from a fall upon snow and ice accumulated upon defendant’s sidewalk. The accident happened to the plaintiff upon the evening of the 6 th of February, while walking, after dark, upon Pine street. The obstruction upon which the plaintiff slipped and fell was an accumulation of snow and ice forming a ridge near the center of the sidewalk, according to the testimony of the plaintiff, nearly a foot in height, oval in…
1Opinion of the CourtElbert, J.
The subject of the implied liability of municipal corporations, in civil actions, for misconduct, or negligence on their part, or on the part of their officers, in respect to corporate duties resulting in injuries to individuals, is very fully and ably discussed by Chief Justice Beck, in the case of City of Denver v. Dunsmore, 7 Colo. 339. The conclusion reached is as follows:- “The general current of authority supports the view that when municipal corporations are invested with exclusive authority and control over the streets and bridges within their corporate limits, with ample power of…
2Cases cited2 opinions
- City of Denver v. DunsmoreSupreme Court of Colorado · 1884
- City of Denver v. CapelliSupreme Court of Colorado · 1877
3Cited by38 opinions
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Brent v. Bank of AuroraSupreme Court of Colorado · 1955
- Town of Palm Beach v. HoveySupreme Court of Florida · 1934
- Higgins v. City of BoulderSupreme Court of Colorado · 1940
- City of Pueblo v. SmithSupreme Court of Colorado · 1914
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