Legal Opinion

Ruth v. City of Omaha

Nebraska Supreme Court

Decided December 5, 1908No. 15,402PublishedCited by 3 opinions

Appeal from the district court for Douglas county: Willis G. Sears, Judge.

1Opinion of the Court

Root, C.

Plaintiff, an infant, by his father as next friend, recovered judgment against defendant, a metropolitan city, for injuries inflicted by reason of a defective sidewalk in said city. Defendant appeals.

But one question is presented for our consideration, and that is whether the city had sufficient notice of the defective condition of said sidewalk to make it liable to plaintiff. Sections 7710, 7711, Ann. St. 1907, were in force at the time plaintiff was injured, and are as follows:

“Section 7710. No city governed by this act shall be liable for damages arising from defective streets,…

2Cases cited8 opinions

  1. Schmidt v. City of FremontNebraska Supreme Court · 1903
  2. City of Lincoln v. O'BrienNebraska Supreme Court · 1898
  3. Goddard v. City of LincolnNebraska Supreme Court · 1903
  4. Burke v. City of South OmahaNebraska Supreme Court · 1907
  5. Rusch v. City of DubuqueSupreme Court of Iowa · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Chicago Lumber Co. v. School District No. 71Nebraska Supreme Court · 1988
  2. West Omaha Investments v. Sanitary & Improvement District No. 48Nebraska Supreme Court · 1988
  3. Skyline Ranches Prop. Owners Assn. v. City of OmahaNebraska Court of Appeals · 2026

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