Smith v. City of Winston
Supreme Court of North Carolina
Appeal by defendant from 0. II. Allen, J., at September Term, 1912, of Eoesyti-i. This action was brought to recover damages for injuries to plaintiff, alleged to have been caused by the negligence of defendant. Plaintiff was walking along what is claimed by her to be one of the streets of the city of Winston, when she stepped into a hole or depression in the sidewalk, or very near thereto, and fell, crushing one of her ankles.
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Appeal by defendant from 0. II. Allen, J., at September Term, 1912, of Eoesyti-i. This action was brought to recover damages for injuries to plaintiff, alleged to have been caused by the negligence of defendant. Plaintiff was walking along what is claimed by her to be one of the streets of the city of Winston, when she stepped into a hole or depression in the sidewalk, or very near thereto, and fell, crushing one of her ankles. There was controversy as to whether the place where she fell was a part of any street or sidewalk of the city or was a part of the property belonging to the Winston…
1Opinion of the Court
Walker, J.,
after stating the case: There was a conflict in the evidence as to the dangerous condition of the place where the plaintiff alleges that she fell, the description of the witnesses differing materially. The court gave the following instruction to the jury, to which exception was duly taken: “The law requires all cities and towns to keep their streets and sidewalks in safe condition, and on failure to do so, if injury occurs without negligence on the part of the injured party, the city is liable in damages for such injury.” We do not understand this to be the true measure of the…
2Cases cited5 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Bailey v. . WinstonSupreme Court of North Carolina · 1911
- White v. City of New BernSupreme Court of North Carolina · 1907
- City of Rock Island v. GinglesIllinois Supreme Court · 1905
3Cited by8 opinions
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
- Michaux v. . Rocky MountSupreme Court of North Carolina · 1927
- Sehorn v. City of CharlotteSupreme Court of North Carolina · 1916
- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
- Tinsley v. City of Winston-SalemSupreme Court of North Carolina · 1926
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