City of Dallas v. Shuford

In this, a damage action, against the municipality, charging negligence while engaged in a corporate function, claimant cannot be held negligent as a matter of law when the jury has found that she had no previous knowledge of the sidewalk obstruction causing .the injury, and that she was exercising a proper lookout in the darkness.

The principle applied by the majority whereby an injured person is deemed negligent as a matter of law is limited to cases of an open and obvious defect or obstruction, with full knowledge of the risk incident to using the way. Referring to the Missouri decision,…