Ludlow v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action for personal injuries by Eliza Ludlow against the City of Fargo. There was judgment for plaintiff, for $300, and defendant appeals. A city is not liable for the neglect of its officers unless made so by statute.
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Appeal from District Court, Cass County; McConnell, J. Action for personal injuries by Eliza Ludlow against the City of Fargo. There was judgment for plaintiff, for $300, and defendant appeals. A city is not liable for the neglect of its officers unless made so by statute. Chope v. City, 78 Cal. 588; Arnold v. San Jose, 81 Cal. 618; Crowell v. Sonoma County, 25 Cal. 312; Howard v. San Francisco, 51 Cal. 52; Winbiglcr v. Los Angeles, 45 Cal. 38; Trauter v. Sacramento, 61 Cal. 271; City v. Pearce, 46 Tex. 525; Detroit v. Blakeby, 21 Mich 841, (4 Am. Rep. 450.;) Hill v. Boston, 122 Mass. 346,…
1Opinion of the CourtWallin, J.
The action is brought to recover damages for personal injuries received by the plaintiff while driving along a public street within the City of Fargo, about 9 o’clock at night. The principal facts are undisputed. A small trench had been dug across the street, and was left unguarded, and no lights, fence or other warnings to the public were placed at or about the ditch. The plaintiff drove into the ditch, and was thrown from her carriage and injured. The evidence shows that one Maurice Holcomb directed the ditch to be opened, and the ditch was dug by him and others who were working under his…
2Cases cited10 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- City of Chicago v. HesingIllinois Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kitto v. Minot Park DistrictNorth Dakota Supreme Court · 1974
- Diegel v. City of West FargoNorth Dakota Supreme Court · 1996
- Patch v. SebeliusNorth Dakota Supreme Court · 1982
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Vail v. Town of AmeniaNorth Dakota Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.