Johnson v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by Charles N. Johnson against the city of Fargo. Judgment for plaintiff, and defendant appeals. No proper claim was presented to the mayor and council. It alleged the locus in quo to be “about 30 feet” from a point, and testimony shows it was about 15 feet. The object of the notice is to protect the municipality, and enable it to make proper investigation.
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Appeal from District Court, Cass county; Pollock, J. Action by Charles N. Johnson against the city of Fargo. Judgment for plaintiff, and defendant appeals. No proper claim was presented to the mayor and council. It alleged the locus in quo to be “about 30 feet” from a point, and testimony shows it was about 15 feet. The object of the notice is to protect the municipality, and enable it to make proper investigation. Trost v. The City of Casselton, 8 N. D. 534, 79 N. W. 1071. Plaintiff was guilty of contributory negligence, and defendant’s motion for a directed verdict should have been granted.…
1Opinion of the CourtMorgan, C. J.
Plaintiff brought this action to recover damages for a personal injury alleged to have been caused by an obstruction upon one of defendant’s streéts. The complaint alleges *529the injury to have been caused in the following manner: “That on or about the 24th day of March, A. D. 1904. at about the hour of 10 o'clock p. m. of said day, said plaintiff was lawfully upon the sidewalk on the east side of Fifth Street South, in the city of Fargo, North Dakota, about 30 feet from the intersection of Fifth Street South and Front street in said city, and moving southward on said sidewalk, when said…
2Cases cited15 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- City of East Chicago v. GilbertIndiana Court of Appeals · 1915
- Belt v. City of Grand ForksNorth Dakota Supreme Court · 1955
- City of Grand Forks v. PaulsnessNorth Dakota Supreme Court · 1909
- Braatz v. City of FargoNorth Dakota Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.