Cartano v. City of Athena
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Bane. This is an action brought to recover damages for personal injuries. The complaint alleges, that the defendant city built a wooden sidewalk in a specified locality within the corporate limits, which was one of the main and most traveled sidewalks in the city; that defendant carelessly and negligently failed to keep the sidewalk in a safe condition for travel, in that for a period of about three weeks, it allowed a hole three…
Read the full summary
From Umatilla: Gilbert W. Phelps, Judge. In Bane. This is an action brought to recover damages for personal injuries. The complaint alleges, that the defendant city built a wooden sidewalk in a specified locality within the corporate limits, which was one of the main and most traveled sidewalks in the city; that defendant carelessly and negligently failed to keep the sidewalk in a safe condition for travel, in that for a period of about three weeks, it allowed a hole three feet long and six inches wide to remain therein without taking any steps for the protection of pedestrians from injury…
1Opinion of the CourtBenson, J.
The assignments of error challenge the correctness of the ruling of the trial court in denying defendant’s motion for a judgment of nonsuit. This motion, and the arguments of defendant’s counsel contend that there is a total failure of proof that the defendant had notice of the defect in the sidewalk, and also that the court should have held, as a matter of law, that the plaintiff was guilty of contributory negligence.
1, 2. It is contended that the walk in question was located upon the principal throughfare of the city and within a block of the business center. Several witnesses testified to…
2Cases cited6 opinions
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Knoxville v. CoxTennessee Supreme Court · 1899
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Barton v. City of SpringfieldMassachusetts Supreme Judicial Court · 1872
- Parcells v. City of AuburnNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mathews v. City of La GrandeOregon Supreme Court · 1931
- Umphlette v. City of SilvertonOregon Supreme Court · 1936