Legal Opinion

Warner v. City of Wayne

Nebraska Supreme Court

Decided April 3, 1914No. 17,604Published

Appeal from the district court for Wayne county: Anson A. Welch, Judge.

1Opinion of the CourtLetton, J.

This is an action for damages for personal injuries sustained by reáson of plaintiff’s fall upon a defective sidewalk in the city of Wayne. Plaintiff recovered a judgment for $500, and the city appeals.

The petition is in the usual form, except that it alleges that at the time she fell the plaintiff was pregnant, and she suffered a miscarriage as a result of the fall. The answer is a general denial, with a plea of contributory negligence.

*683A former street commissioner of the city testified that he made an examination of the walk upon the block where the plaintiff fell in the spring of 1910; that…

2Cases cited2 opinions

  1. Anderson v. City of AlbionNebraska Supreme Court · 1902
  2. City of Omaha v. KochemNebraska Supreme Court · 1905

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