Baillie v. City of Wallace
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for personal injuries sustained by the plaintiff by reason of an obstruction over the sidewalk in the city of Wallace. Judgment for plaintiff.
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APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action to recover for personal injuries sustained by the plaintiff by reason of an obstruction over the sidewalk in the city of Wallace. Judgment for plaintiff. It is not made the defendant city’s duty to perform the governmental function of removing obstructions from the sidewalks or preventing or removing all encroachments upon or into sidewalks, but the power is simply vested in the city to enact ordinances or by-laws for these purposes. (4 Dill. Mun. Corp., '5th ed., sec. 1627, and…
1Opinion of the CourtSullivan, J.
This action was brought by the respondent against the city of Wallace, a municipal corporation, to recover for certain damages alleged to have been sustained by the wrongful and negligent act of the city in permitting the Northern Express Co. to maintain a metallic sign attached to a building, which sign was suspended over the sidewalk so low that respondent, while walking on the street, struck his head against it and was injured.
The answer denied in effect every allegation of the complaint except the corporate existence of the city, the existence *712of the sidewalk and the attachment of the…
2Cases cited9 opinions
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Eaton v. City of WeiserIdaho Supreme Court · 1906
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Village of Sand Point v. DoyleIdaho Supreme Court · 1905
- Town of Fairfax v. GiraudSupreme Court of Oklahoma · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. SharpIdaho Supreme Court · 1960
- Splinter v. City of NampaIdaho Supreme Court · 1950
- Smith v. City of PrestonIdaho Supreme Court · 1975
- City of Nampa v. SwayneIdaho Supreme Court · 1976
- Bedal v. Hallack & Howard Lumber Co.Court of Appeals for the Ninth Circuit · 1955
13 more not listed; retrieve them via the Exa API.