Ouverson v. City of Grafton
North Dakota Supreme Court
Appeal from District Court, Walsh County; Templeton, J. Action by Mary Ouverson against the City of Grafton for injuries resulting from an obstruction in a street. There was a verdict for plaintiff, and from an order denying a new trial defendant appeals. An object in the highway with which the traveler does not come in contact or collision and which is not an obstruction in the way of travel is not to be deemed a defect.
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Appeal from District Court, Walsh County; Templeton, J. Action by Mary Ouverson against the City of Grafton for injuries resulting from an obstruction in a street. There was a verdict for plaintiff, and from an order denying a new trial defendant appeals. An object in the highway with which the traveler does not come in contact or collision and which is not an obstruction in the way of travel is not to be deemed a defect. Cook v. Montague, 115 Mass. 571; Keith v. Inhabitants of Easton, 2 Allen, 552; Durke v. Lowell, 13 Mete. 292; Kingsburg v. Dedham, 13 Allen, 186; Cook v. Charleston, 13…
1Opinion of the CourtBartholomew, J.
Mary Ouverson sued the City of Grafton upon a complaint which, after setting forth the incorporation of the municipality, and its duty, under its charter, to keep its streets free from obstructions, alleged in substance that for two weeks prior to September 23, 1892, the defendant carelessly and negligently permitted a threshing engine to stand upon one of its principal business streets, in such a position as to greatly lessen the width for available travel, and that said engine was calculated to frighten horses and obstruct the free use of the street, and that on said date, while plaintiff…
2Cases cited23 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Binford v. JohnstonIndiana Supreme Court · 1882
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Solberg v. SchlosserNorth Dakota Supreme Court · 1910
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
14 more not listed; retrieve them via the Exa API.