Memphis Asphalt & Paving Co. v. Fleming
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; It was for the city authorities to say whether or not a guard rail should be erected. No charge of negligence can be maintained unless it can be shown that there has been some neglect of duty. The contract does not call for the erection of a guard rail nor maintenance of lights, and the proof is absolute that appellant had complied with every specification of the contract in the building of the sidewalk.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; It was for the city authorities to say whether or not a guard rail should be erected. No charge of negligence can be maintained unless it can be shown that there has been some neglect of duty. The contract does not call for the erection of a guard rail nor maintenance of lights, and the proof is absolute that appellant had complied with every specification of the contract in the building of the sidewalk. Moreover, it had been completed and accepted by the city by opening up the sidewalk to public use before the accident…
1Opinion of the CourtKirby, J.
In this suit the plaintiff recovered judgment below for $783 damages for personal injury caused by stepping or falling off the north edge ■ of the sidewalk into the town branch in the alley on West Fourth Street, between Center and Louisiana streets in the city of Little Rock, on the night of September 5, 1909.
This sidewalk was constructed by the Memphis Asphalt & Paving Company along the north side of West Fourth Street, across said alley, over the branch therein, which was about five and a half feet deep and twelve feet wide, its north edge being the property line, under its contract with…
2Cases cited3 opinions
- Daugherty v. HerzogIndiana Supreme Court · 1896
- First Presbyterian Congregation v. SmithSupreme Court of Pennsylvania · 1894
- Read v. East Providence Fire DistrictSupreme Court of Rhode Island · 1898
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- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Russell v. Arthur Whitcomb, Inc.Supreme Court of New Hampshire · 1956
- Gruhalla v. George Moeller Construction Co.Missouri Court of Appeals · 1965
- Reynolds v. ManleySupreme Court of Arkansas · 1954
- Jones v. BeckCourt of Appeals of Texas · 1937
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