Legal Opinion

Gardner v. Metropolitan Utilities District

Nebraska Supreme Court

Decided February 25, 1938No. 30225PublishedCited by 8 opinions

1Opinion of the CourtDay, J.

Matilda M. Gardner brings this action for damages for personal injuries sustained by a fall through a trapdoor in her house on the theory that it was negligently left open by a district meter reader. She recovered a judgment for $10,000 in the trial court.

The first and most serious question presented by this appeal is the liability of the district for the accident. There was no one else present when the plaintiff fell down the cellar • steps through the trapdoor. Briefly, the story as told by the record is that a meter reader for the district called at the home of Mrs. Gardner for the purpose…

2Cases cited4 opinions

  1. Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
  2. Swanson v. Peter Schoenhofen Brewing Co.Appellate Court of Illinois · 1919
  3. L. W. Pomerene Co. v. WhiteNebraska Supreme Court · 1903
  4. Martin v. DavisSuperior Court of Pennsylvania · 1933

3Cited by8 opinions

  1. Mundt v. Ragnar Benson, Inc.Illinois Supreme Court · 1975
  2. Plock v. Crossroads Joint VentureNebraska Supreme Court · 1991
  3. Wentink v. TrapHagenNebraska Supreme Court · 1940
  4. Brown v. Shawneetown Feed & Seed Co.Missouri Court of Appeals · 1987
  5. Weitz v. United States Trust Co.Nebraska Supreme Court · 1943

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