City of Lincoln v. Smith
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Chapman, J. The testimony of defendant in error shows that the snow and not the opening caused him to fall; as this was a cause independent of the culpable defects in the sidewalk, the city was not liable.
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Error to the district court for Lancaster county. Tried below before Chapman, J. The testimony of defendant in error shows that the snow and not the opening caused him to fall; as this was a cause independent of the culpable defects in the sidewalk, the city was not liable. (Ring v. Cohoes, 77 N. Y., 88; Taylor v. Yonkers, 105 Id., 202; Searls v. Manhattan R. Co., 101 Id., 661; Moore v. Abbott, 32 Me., 46; Moulton v. Sanford, 51 Id., 127; Marble v. Worcester, 4 Gray [Mass.], 395; Billings v. Worcester, 102 Mass., 329.) There was a total failure to prove notice of the defect, without which the…
1Opinion of the CourtNon val, J.
This action was brought by the defendant in error against the city of Lincoln to recover damages for injuries received by him by reason of a fall upon a sidewalk in said city, said fall being caused, as he alleges, by the defective condition of said sidewalk. In his petition he alleges :
1. That said city is a municipal corporation and city of the first class having less than 60,000 inhabitants, and organized under and by virtue of the laws of the state of Nebraska.
2. That as such municipal corporation said city had the care, management, and control of the streets and sidewalks - within said…
2Cases cited11 opinions
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- Roose v. PerkinsNebraska Supreme Court · 1879
- Fitzgerald v. MorrisseyNebraska Supreme Court · 1883
- Street v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Grossenbach v. City of MilwaukeeWisconsin Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Carleton v. StateNebraska Supreme Court · 1895
- Debney v. StateNebraska Supreme Court · 1895
- City of Lincoln v. O'BrienNebraska Supreme Court · 1898
- Nelson v. JenkinsNebraska Supreme Court · 1894
- Broz v. Omaha Maternity & General Hospital Ass'nNebraska Supreme Court · 1914
17 more not listed; retrieve them via the Exa API.