Davis v. City of Omaha
Nebraska Supreme Court
Ekrok. from tbe district court of Douglas county. Tried below before Scott, J. Tbe facts are stated by tbe commissioner. Tbe city is directly responsible for tbe unsafe condition of tbe street. It was tbe duty of tbe city to construct tlie sidewalk in front of the lot where the accident occurred. This duty could not be imposed upon the owner of the property.
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Ekrok. from tbe district court of Douglas county. Tried below before Scott, J. Tbe facts are stated by tbe commissioner. Tbe city is directly responsible for tbe unsafe condition of tbe street. It was tbe duty of tbe city to construct tlie sidewalk in front of the lot where the accident occurred. This duty could not be imposed upon the owner of the property. A public duty cannot be imposed upon a private citizen, and any ordinance or statute which seeks to reach such a result is unconstitutional. (Elliott, Roads & Streets, 539; Noonan v. Gity of Stillwater, 33 Minn., 198; Gridley v. Oity of…
1Opinion of the Court
Ragan, C.
Harry B. Davis brought this suit to the district «court of Douglas county against the city of «Omaha, the city being a municipal corporation existing under the laws of the state as a city of the metropolitan class, to recover damages which he alleged he had sustained by reason of injuries which he had received through the negligence of the city. At the close of the evidence the jury, in obedience to an instruction of the court, relumed a verdict for the city. Judgment of dismissal of Davis’ case was rendered upon this ver<dict, and he prosecutes here a petition in error.
The…
2Cases cited3 opinions
- City of Omaha v. JensenNebraska Supreme Court · 1892
- Stephens v. City of MaconSupreme Court of Missouri · 1884
- City of Beatrice v. ReidNebraska Supreme Court · 1894
3Cited by10 opinions
- Hanley v. Fireproof Building Co.Nebraska Supreme Court · 1922
- Tewksbury v. City of LincolnNebraska Supreme Court · 1909
- City of Louisville v. LenehanCourt of Appeals of Kentucky · 1912
- City of Harrodsburg v. SalleeCourt of Appeals of Kentucky · 1911
- Pinches v. Village of DickensNebraska Supreme Court · 1934
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