City of Jacksonville v. Smith
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. Suit by Kate Smith, defendant in error, against the city of Jacksonville, plaintiff in error, to recover damages for personal injuries, arising from nonobservance of duty on the part of the city in reference to keeping one of its streets in proper repair and safe condition.
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In Error to the Circuit Court of the United States for the Southern District of Florida. Suit by Kate Smith, defendant in error, against the city of Jacksonville, plaintiff in error, to recover damages for personal injuries, arising from nonobservance of duty on the part of the city in reference to keeping one of its streets in proper repair and safe condition. The cause of action is set forlh in the declaration as follows: “For that whereas defendant, before and on the 17th day oí May, A. D. 1891, was possessed and had control of a certain public street, called ‘Main Street,’ in the said…
1Opinion of the Court
MAXEY, District Judge,
after stating the case,, delivered the opinion of the court.; Error is prosecuted in this case to reverse the judgment rendered iby the circuit court adjudging the liability of the city of Jacksonville to respond in damages to the defendant in error. The three specifications of error relied upon by plaintiff in error, in the brief .of counsel,- are the following: The court erred in refusing to give in charge to the jury the special instructions requested; in refusing ,to vacate the verdict because the evidence proved contributory negligence on the part of the defendant…
2Cases cited11 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Detroit v. OsborneSupreme Court of the United States · 1890
- City of Tallahassee v. FortuneSupreme Court of Florida · 1850
- City of Orlando v. PraggSupreme Court of Florida · 1893
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