Smith v. City of Yankton
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. E. G. Smith, Judge. Action by Rouise Smith against the City of Yankton. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The obligation of keeping the streets in a reasonably safe condition does not extend to the removal of ice when -it constitutes no other defect except slipperiness.
Read the full summary
Appeal from Circuit Court, Yankton County. Hon. E. G. Smith, Judge. Action by Rouise Smith against the City of Yankton. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The obligation of keeping the streets in a reasonably safe condition does not extend to the removal of ice when -it constitutes no other defect except slipperiness. Henkes v. City, 44 N. W. 1026. Hausmann v. City, 21 L. R. A. 263. The obstructions or defects in the sidewalk, to m,ake the corporation liaJble, must be such • as are in themselves so dangerous that a person exercising…
1Opinion of the CourtWhiting, J.
This action was instituted by the plaintiff to recover damages for injuries alleged to have been sustained by her in slipping and falling on one of defendant’s crosswalks. Verdict and judgment being in favor of the plaintiff, the defendant has appealed. It is disclosed by the evidence: That the city, some six or more years prior to the accident, caused to be constructed a wooden approach from the cement sidewalk on Douglas avenue to the stone crossing across Fifth street; that the wooden approach is 7 feet 5 inches in length and descends from the end of the stone crosswalk southward to the…
Also in this document: Dissent.
2Cases cited8 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Hill v. City of Fond du LacWisconsin Supreme Court · 1882
- City of Atchison v. KingSupreme Court of Kansas · 1872
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Shumway v. City of BurlingtonSupreme Court of Iowa · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- Schuler v. City of MobridgeSouth Dakota Supreme Court · 1921
- Bucholz v. City of Sioux FallsSouth Dakota Supreme Court · 1958
- Orrison v. City of Rapid CitySouth Dakota Supreme Court · 1956
- Patton v. City of GraftonWest Virginia Supreme Court · 1935
22 more not listed; retrieve them via the Exa API.