McDonough v. Mayor of Virginia City
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. It appears that on the night of December 15th, 1868, 0 street in Virginia City, at the intersection of Flowery street, was so much out of order that there was nothing to protect a person unfamiliar with the streets, in a dark night, from falling a distance of three feet; and that plaintiff, who had recently become a resident o f the city, in passing along the street on that night, which was dark,…
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Appeal from the District Court of the First Judicial District, Storey County. It appears that on the night of December 15th, 1868, 0 street in Virginia City, at the intersection of Flowery street, was so much out of order that there was nothing to protect a person unfamiliar with the streets, in a dark night, from falling a distance of three feet; and that plaintiff, who had recently become a resident o f the city, in passing along the street on that night, which was dark, fell that distance and broke his right leg at the ankle. Having instituted this suit in the Court below, he recovered a…
1Opinion of the Court
*92By the Court,
Lewis, C. J.:
This action is instituted by the plaintiff to recover damages for personal injuries alleged to have been sustained by him, occasioned by a fall or pitch at the intersection of two of the public streets of the City of Yirginia. The complaint assumes that it is the duty of the defendant to keep its streets in repair and good condition, and charges that the injuries suffered by the plaintiff were caused by its neglect to perform this duty.
The defendant interposed a general demurrer, which being overruled, it subsequently answered. The trial resulted in favor of the…
2Cases cited3 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Lacour v. MayorThe Superior Court of New York City · 1854
3Cited by9 opinions
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- Pardini v. City of RenoNevada Supreme Court · 1928
- Gurley v. BrownNevada Supreme Court · 1948
- CAMACHO (OCEAN) v. STATENevada Supreme Court · 2025
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