Moreton v. Village of St. Anthony
Idaho Supreme Court
APPEAL from District Court in and for Eremont County. Honorable J. M. Stevens, Judge. Action by plaintiff against the village of St. Anthony for damages sustained by reason of the defective condition of a street. Judgment for plaintiff and defendant appealed.
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APPEAL from District Court in and for Eremont County. Honorable J. M. Stevens, Judge. Action by plaintiff against the village of St. Anthony for damages sustained by reason of the defective condition of a street. Judgment for plaintiff and defendant appealed. We have no statutory provision creating liability on the part of villages in Idaho to respond in damages for injuries resulting from defects in sidewalks or streets in said villages, and in the absence of such statutory provisions, the rules of common law will apply, and there is no liability under the common law. (Idaho Rev. Stats.,…
1Opinion of the CourtAilshie, J.
This was an action by the plaintiff against the defendant for damages received while traveling on a public street within the corporate limits of the defendant. The defendant is a municipal corporation organized and existing under the general laws of this state.
The only question presented upon this appeal is that of the liability of a municipal corporation of this state organized under the general laws for damages sustained by reason of the negligence of such municipality in the care and keeping of its streets.'
*535The question here raised was fully considered by this court in Carson v. City of…
2Cases cited1 opinion
- Carson v. City of GeneseeIdaho Supreme Court · 1903
3Cited by17 opinions
- Smith v. StateIdaho Supreme Court · 1970
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Eaton v. City of WeiserIdaho Supreme Court · 1906
- Miller v. Village of MullanIdaho Supreme Court · 1909
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