Town of Salida v. McKinna
Supreme Court of Colorado
Appeal from District Court of Chaffee County. This was an action by Sara McKinna, plaintiff below, for a personal injury occasioned by falling into an excavation in the street of the town of Salida. The excavation was about six feet in width, eight or nine feet in depth, and extended about seventy feet along the sidewalk of the main business street of the town.
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Appeal from District Court of Chaffee County. This was an action by Sara McKinna, plaintiff below, for a personal injury occasioned by falling into an excavation in the street of the town of Salida. The excavation was about six feet in width, eight or nine feet in depth, and extended about seventy feet along the sidewalk of the main business street of the town. The plaintiff testified in substance: “ On July 20, 1887, I had occasion to go over to town for some necessaries for the house. * * 'x' I did not know anything about that excavation being there; I had not been by that excavation at…
1Opinion of the CourtJustice Elliott
The facts of this case are practically undisputed, the defendant having offered no testimony at the trial. Two questions only require consideration upon this appeal.
1. It is admitted by the answer that the defendant below was, at the time of the happening of the injury complained of, a duly incorporated town in this state. It is conceded by counsel for appellant that such a municipality may, under certain circumstances, be held liable for damages occasioned by a defective street, provided there has been a dedication of the street to public use, and an acceptance of such use by the proper…
2Cases cited5 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Kavanaugh v. City of JanesvilleWisconsin Supreme Court · 1869
- Machette v. WanlessSupreme Court of Colorado · 1870
3Cited by17 opinions
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- City of Colorado Springs v. StreetSupreme Court of Colorado · 1927
- Kimic v. San Jose-Los Gatos Interurban Ry.California Supreme Court · 1909
- F. M. Davis Iron Works Co. v. WhiteSupreme Court of Colorado · 1903
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