City of Galveston v. Posnainsky
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit brought November term, 1873, of the district court of Galveston county, by Nannie Posnainsky, a minor, who sued by her father and next friend, G. Posnainsky, against the city of Galveston for damages caused by her falling into a neglected drain, bordering one of the sidewalks of the city, originally constructed by the city, but out of repair, uncovered and unguarded, by which she was rendered a cripple…
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit brought November term, 1873, of the district court of Galveston county, by Nannie Posnainsky, a minor, who sued by her father and next friend, G. Posnainsky, against the city of Galveston for damages caused by her falling into a neglected drain, bordering one of the sidewalks of the city, originally constructed by the city, but out of repair, uncovered and unguarded, by which she was rendered a cripple for life. Charged that the accident occurred through the negligence of the city. The defendant, besides the general…
1Opinion of the Court
Stayton, Associate Justice.
It is urged that the court erred in giving the first and fourth instructions. These instructions were as follows:
1. “ The defendant has entire control of streets within the corporate limits, and has power to provide for and enforce the manner' in which said streets are to be kept, and is liable to travelers on said' streets for any damage received, without the fault of the one in-' jured, from the placing in the street such obstructions as render the travel upon said street hazardous to the persons or the property being. conveyed, or passing said streets.”
4. “If the…
2Cases cited33 opinions
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- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
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