City of Lincoln v. O'Brien
Nebraska Supreme Court
Error, from tbe district court of Lancaster county. Tried below before Hall, J. Tbe facts are stated in tbe opinion. Tbe city charter, as amended in 1889, makes tbe lot owner liable primarily and casts obligation on bim to keep tbe walk in repair, and thereby relieves tbe city of liability.
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Error, from tbe district court of Lancaster county. Tried below before Hall, J. Tbe facts are stated in tbe opinion. Tbe city charter, as amended in 1889, makes tbe lot owner liable primarily and casts obligation on bim to keep tbe walk in repair, and thereby relieves tbe city of liability. (Arhadelphia v. Windham, 49 Ark. 139; Winbijler v. City of Los Angeles, 45. Cal. 36; Young v. Charleston, 20 S. Car. 116; City of Detroit v. Blaeheby, 21 Mich. 84; Pray v. Jersey City, 32 N. J. Law 394; French v. City of Boston, 129 Mass. 592; City of Marquette v. Cleary, 37 Mich. 296; Morgan v. City of…
1Opinion of the Court
Irvine, C.
This action was by Catherine O’Brien against the city of Lincoln to recover for personal injuries by her sustained by reason of a defective sidewalk. She had a verdict and judgment, which the city seeks to avoid. The record distinctly presents two, and only two, questions: First, is a city of the class to which Lincoln belongs liable in any event to one who suffers an injury from a defect in the sidewalk? Secondly, was the notice served upon the city before bringing suit sufficient in its description of the place where the injury occurred?
The general duty of municipal corporations…
2Cases cited11 opinions
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
- City of Chadron v. GloverNebraska Supreme Court · 1895
- City of Lincoln v. SmithNebraska Supreme Court · 1890
- Harder v. City of MinneapolisSupreme Court of Minnesota · 1889
- City of Lincoln v. GrantNebraska Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McComb v. City of ChicagoIllinois Supreme Court · 1914
- Barribeau v. City of DetroitMichigan Supreme Court · 1907
- Morrell v. City of PhoenixArizona Supreme Court · 1915
- Goddard v. City of LincolnNebraska Supreme Court · 1903
- Rusch v. City of DubuqueSupreme Court of Iowa · 1902
15 more not listed; retrieve them via the Exa API.