The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-05
SYLLABUS N JACKSON CASE
Opinion Written by Judge Bruce WHO
Discusses at Length City's Liabil-
ity i'm This Class OF Cases.

The syllabus in the case of Mrs. j.
w. Jackson against the city of Grand
Forks is given below. Instead OF the
total verdict rendered being 1925,
as announced some days ago, the YER
diets In the two cases amount to APP
p~roxin,ately $1,000 and this with in
terest will make h city's liability ST.
900. Action will at once be taken
against the property owner to recover
the amount of the verdict.
The opinion of the court written by
Judge Bruce ia as follows:
Lena Jackson and ]. W. jackson VS..
city of Grand Forks.
81. A city may be held liable in an
action for damages where the evidence
of at least some Of the witnesses,
which is believed by the jury. shows
that a portion of Il sidewalk had re-
manned uncovered with ice and snow
during the whole winter. and such ice
and snow has been allowed to thaw
time. and no effort has been made by
the city either to removc it or cause
the same to he removed or to sprinkle
it with and or other substance in
order to render 1t less dangerous, and
the evidence ais shows that such ice
and snow was trampled into ruts.
mounds. humps and hillocks by the
pedestrians during a thaw and frozen
in such condition. and that after a
largely hid the same plaintiff slipped
and fell thereon.
"2. a traveller is not required to
forego travelling upon IL side walk
merely because he has knowledge that
it is i'll Il somewhat defective condi-
ton. He has. as a general rule. a
right to assume that it is safe, and
when he is injured as Il consequence
of Il defect of which he had previous
knowledge. the mere fact of his pre-
vious knowledge does not per Sc estab-
fish contributory negligence.
80. The question of contributory
ant or the alleged contributory neg
ligence of the plaintiff, is primarily
and generally a question of fact for
the jury. The question becomes one
Of law, authorizing the withdrawal
thereof from the jury. only when but
one conclusion can be drawn from the
undisputed facts.
~. Notice to the city in such a
case. Is sufficiently shown by proof
of the long continuance Of the accum-
ulation.
SO. In an action against the city,
in such a case. it is error to intro
uuSe III cNANSuCo axe VIAL SST VI SIS
city, which gives 1t h power to re-
quire the wne or occupant Of any
premises to keep the sidewalks in
front Of and along the same free from
snow or other obstruction, or the or
dinances of the city which provide
that the n and occupants Of the
land shall clear the sidewalks Of all
accumulations Of snow and ice within
ten hours after the same ave fallen
or accumulated under liability to a
fine, the court being justified In as
Stunning that such charter and ordf-
nances were introduced, not for the
purpose Of prejudicing the jury and
making them believe that the owner
or occupant would be ultimately liable
in the action, but for the purpose Of
the city, and its construction of its
duty in relation to the sidewalks in
question as we'll as the right of the
plaintiff to rely upon such assumption.
Such evidence ma be introduced eve
though the ordinances and chatter
not specially pleaded. Charter provis-
ions and ordinances need only be
pleaded when a violation of them is
the foundation of the action.
(Syllabus by the court.)
appeal from the district court of
Grand Forks county. Templeton. j.
"Action against the city to recover
damages resulting from personal in
juries sustained In slipping and fall
ing on an icy sidewalk. Judgment for
plaintiff. Defendant appeals.
Judgment affirmed. opinion by
Bruce, j.
"J. B. wineman. Grand Forks. for
sHoorua A Rang. FOR the nlo jp<1er, Vi,