City of Roswell v. Davenport
New Mexico Supreme Court
Appeal from the District Court for Chaves county, before William H. Pope, Associate Justice. When officers of a city have neither actual nor constructive notice of defective condition of sidewalk, one personally injured by stepping on a loose planK of the sidewalk, cannot recover damages from the city. Cooper v. City of Milwaukee et al., (Supreme Court of Wisconsin) 3 Am. Neg. Rep. 304; Bucher v. City of South Bend, SO N. E, Rep. 412 (cited in note to 9, Am. Neg.
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Appeal from the District Court for Chaves county, before William H. Pope, Associate Justice. When officers of a city have neither actual nor constructive notice of defective condition of sidewalk, one personally injured by stepping on a loose planK of the sidewalk, cannot recover damages from the city. Cooper v. City of Milwaukee et al., (Supreme Court of Wisconsin) 3 Am. Neg. Rep. 304; Bucher v. City of South Bend, SO N. E, Rep. 412 (cited in note to 9, Am. Neg. Rep. 269; Morris et al., v. City of Philadelphia, 7 Am.. Neg. Rep. 615 (Supreme Court of Pa.); City of Columbus v. Ogle-tree, 96…
1Opinion of the Court
OPINION OP THE 'COURT.
PARKER, J.
Appellee, recovered judgment against the City of Roswell upon a general verdict for two thousand dollars damages for injuries received by reason of a defective sidewalk. There were submitted to the jury twenty questions upon which special findings were made-It is upon the alleged conflict between the general verdict and the special findings that appellant assigns error, claiming that the said findings over-turn the general verdict and show that appellant is entitled to judgment. Two points are made.
1 It appears that appellee was afflicted with a stricture-of…
2Cases cited17 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- Chicago City Railway Co. v. SaxbyIllinois Supreme Court · 1904
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3Cited by11 opinions
- Crocker v. JohnstonNew Mexico Supreme Court · 1939
- Cardoza v. Town of Silver CityNew Mexico Court of Appeals · 1981
- Atlantic Coast Line Railroad v. DeesSupreme Court of Florida · 1908
- Murphy Ex Rel. Murphy v. City of CarlsbadNew Mexico Supreme Court · 1960
- Hammell v. City of AlbuquerqueNew Mexico Supreme Court · 1958
6 more not listed; retrieve them via the Exa API.