Legal Opinion

Giffen v. City of Lewiston

Idaho Supreme Court

Decided November 26, 1898PublishedCited by 63 opinions

APPEAL from District Court, Nez Perces County. At common law a city was not liable for personal injuries resulting from the condition of a street or sidewalk.

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APPEAL from District Court, Nez Perces County. At common law a city was not liable for personal injuries resulting from the condition of a street or sidewalk. Section 93 of the charter of defendant city recognized the common law, and particularly repealed it — i. e., repealed it by establishing liability to anyone for any injury happening on account of the condition "of any street or public ground therein,” leaving the common-law exemption from liability on account of the condition of “sidewalks” unimpaired. Hence, defendant was not liable for the injury complained of which resulted on…

1Opinion of the CourtQuarles, J.

— This action was commenced by John Giffen and his wife, Mary Gilfen, to recover damages for personal injuries received by the latter owing to the alleged unsafe condition of a certain sidewalk situated in the municipality, defendant herein. The complaint alleges that “the said sidewalk on said street, opposite what is known as the ‘Methodist Church’ in said city, was left in a dangerous condition, by having the planks torn off, and a sudden descent and abrupt termination of said sidewalk, so that it became highly dangerous to walk or pass upon it in that condition; and that the said…

2Cases cited2 opinions

  1. Burke v. McDonaldIdaho Supreme Court · 1890
  2. Flood v. McClureIdaho Supreme Court · 1893

3Cited by63 opinions

  1. Mann v. Safeway Stores, Inc.Idaho Supreme Court · 1974
  2. Leliefeld v. JohnsonIdaho Supreme Court · 1983
  3. Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
  4. Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
  5. Lorang v. HaysIdaho Supreme Court · 1949

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